According to the law of 1998 (loi Chevenement) which has amended the Ordonnance of 1945, one of the main requirements for workers who wish to obtain a work permit, is having obtained a regular visa.

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France belongs to the Schengen agreement, with all the consequences relating to the free movement of EU citizens within the space itself. Therefore many of the rules relating to type of and requirements for obtaining a visas are those of the Schengen agreement. Types of visas required to enter the French territory to citizens who are not nationals of EU member States Andorra, Montecarlo, Switzerland, Poland, Liechtenstein, Holy See, San Marino are:

• Short-term visa, valid for maximum three months, it enables circulation for such time within the entire Schengen space
• Airport transit visa, required to citizens of a certain number of countries to transit through French airports to fly to a third country
• Long-term student visa: for periods longer than 3 months, it must be requested to the consular authorities of France in the country of residence
• Long-term temporary stay visa: for a period of up to six months, it enables the holder no to obtain a “carte de sejour temporaire&rdquo
• Short-term student visa: for students who have to pass an examination prior to attending a course in France: if the examination is not passed, the visa expires immediately

The refusal to issue a visa must be motivated unless this is ruled out by public security considerations, in the following cases:

• Members of an EU or EEA citizen’s family whoa re not citizens of an EU or EEA country
• Beneficiaries of an authorization to family reunion
• Relatives, children of less than 12 years or dependent and ascendants of French citizens.
• Workers authorized to exercise a paid professional activity in France
• Minors who have been interested by a judicial decision of full adoption in a foreign court
• Beneficiaries of a resident card
• Students who have a certificate of enrolment or pre-enrolment in a higher education French institution which can deliver a degree recognized by the State

In the other cases, however a recourse can be lodged against the visa refusal even without access to the motivation.

A declaration of entry into the territory of France must be made by non-EU citizens who regularly reside in a Schengen country and should obtain a short term visa to enter France. This is not necessary if such persons hold a residency title in a Schengen country valid longer than one year. This automatically permits travel into France, but stay must be limited to a maximum of three months.

In certain cases access to the territory of the Republic can be refused. Such cases include: lack of a valid visa or of a title to stay in France and guarantee of return to country of origin; serious threat to pubic order or security; persons hit by a an order of expulsion or interdiction from the territory. Decision on refusal must be taken by a prefect and must be motivated. A person who has received this decision can not be repatriated against his/her will; also she must be put in conditions to communicate with the national consular authorities, legal counsel, host in France and any other person. Inca se of not admission to French territory, the person can be held in a waiting area in the airport or train station for the time strictly necessary prior to departure or an examination of t he request for refugee status t check whether it is not manifestly unfounded. In this case the waiting area may be outside an airport or port. Persons held there have the right to leave to go outside of France at any time; also to have an interpreter and a legal counsel. The duration of stay in the waiting zone is of 48 hours, renewable for further 48 hours. The decision is taken and motivated in writing by the head of the border control services at the border. Beyond the first 4 days a decision to hold a person in a waiting zone can be made by the president of the Tribunal for a period not above 8 days. In extraordinary circumstance the detention in waiting area can reach (but can never exceed) 20 days.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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