Regularisation: exceptional admission to residence in 2026

What the law provides

Article L. 435-1 of the Code governing the entry and residence of foreign nationals and the right of asylum (CESEDA) allows the préfet to issue a “private and family life” permit or a work permit to a person without a residence permit, on humanitarian grounds or for exceptional reasons, without requiring a long-stay visa. The préfet has broad discretion. He or she looks at the length of presence, ties in France, work and integration. There must be no threat to public order and no polygamous situation in France. If you have lived in France for more than ten years and the préfet is considering a refusal, he or she must first ask for the opinion of the residence permit committee (commission du titre de séjour).

First check for a right to residence

The circular asks préfets to examine first whether the person meets the conditions for a “private and family life” permit on the basis of his or her personal and family ties in France (Article L. 423-23 of the CESEDA). Exceptional regularisation only comes next. The Conseil d’État upheld this reading on 21 November 2025.

Before any application, you therefore need to check whether a residence permit can be obtained on another basis: parent of a French child, spouse of a French national, family ties, state of health.

What préfectures look at since 2025

• seven years of presence in France, taken as an indicator of integration, compared with five years before (a benchmark for the préfet, not a condition set by law);
• a French diploma or a language certificate, viewed favourably;
• the absence of any threat to public order;
• an order to leave France that was not complied with or a re-entry ban, which receive “particular attention”.

The circular does not create any right. It guides préfets, who must always examine the situation as a whole.

Through work: two routes

• Exceptional admission as an employee (Article L. 435-1): an employment contract or a job offer, form cerfa no. 15186 signed by the employer, and a case-by-case assessment;
• Shortage occupations (Article L. 435-4), available until 31 December 2026, unless extended: three years of uninterrupted residence and twelve months of salaried work over the last twenty-four months, in an occupation and area with labour shortages set by ministerial order. The employee files the application personally, without needing the employer’s agreement. The préfecture checks that the work is real and which job is held. The permit issued bears the mention “employee” (salarié) or “temporary worker” (travailleur temporaire) and is valid for one year.

Periods worked under a “student” or “seasonal worker” permit, or under an asylum claim certificate, do not count for the second route. The circular invites préfets to favour it for workers. A conviction recorded in bulletin no. 2 of the criminal record closes this route.

Preparing and filing the application

The application is filed with the préfecture of the place of residence, in Paris the préfecture de police, in the way it sets. The list of documents varies from one préfecture to another. To prove presence in France year by year, they accept for example tax notices, a State medical aid certificate (aide médicale de l’État), payslips or bank statements, rent receipts and invoices. The application also gathers proof of integration: language, work, housing, community life, children’s schooling.

Regularisation has a cost: a regularisation visa fee of €300, of which €100 is paid on filing and is not refundable (Article L. 436-4 of the CESEDA), then, when the permit is issued, a tax of €300 (Article L. 436-1) and a stamp duty of €50 (Article L. 436-7).

Since 30 October 2026, if there is no answer 90 days after a complete application was filed, the application is deemed rejected. A refusal often comes with an order to leave France (OQTF), to be challenged within 48 hours to one month depending on your situation: see the time limits to appeal against an OQTF.

Precautions

• file neither an incomplete application nor a false document: a false document exposes you to refusal of the application and to criminal prosecution;
• keep a copy of every document and proof of filing;
• if an order to leave France has already been issued, have your situation examined before any new application.

What the firm can do

Etienne Lemichel and his team first examine whether a residence permit can be obtained on another basis. They choose the most solid route, prepare the application with you and challenge a refusal before the administrative court.

This guide gives general information as of 30 October 2026, based on Articles L. 423-23, L. 435-1, L. 435-4, L. 436-1, L. 436-4 and L. 436-7 of the CESEDA, the circular of 23 January 2025, the Conseil d’État decision of 21 November 2025, the circular of 5 February 2024 on shortage occupations, the decree of 26 October 2026, the 2026 Finance Act (Article 128), the Service-public pages on humanitarian or exceptional regularisation and regularisation through work, the Club des juristes analysis, the list of documents of the Vendée préfecture and Articles 441-1 and 441-6 of the Criminal Code (sources in French). It does not replace a consultation. For other residence permits, see the Residence permits page.