In a decision dated November 7, 2022, the French Conseil d’Etat ruled that a long-stay visa (VLS) marked “visitor” may be legally refused on the grounds that the applicant does not justify the need to reside in France for more than three months.
For the French Administrative High Court, this ground can legally justify a refusal because of the broad discretionary power of the administration in the absence of a conventional, legislative or regulatory provision determining the cases in which this visa can be refused and in view of the nature of such a decision.
According to the French judge, “the French authorities, seized of such a request, have, under the control of the judge of excess of power, a wide discretionary power” and may base themselves not only on public order grounds (misuse of the purpose of the visa, for example), but also “on any consideration of general interest”.
Therefore, a refusal based on the absence of a need for a long-term stay in France can legally justify a refusal.
It is important to remember this decision in all long-term visitor files and to justify the request by the need to stay in France for more than 3 months and also by the financial capacities of the applicant to stay in France for more than 12 months.
LexCase, Lawyers, Immigration, VLS-TS Visitors (Paris, Lyon, Marseille)
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