Exceptional admission to stay (AES): understanding the Retailleau circular
On 23 January 2025, a new circular signed by France’s Interior Minister, Bruno RETAILLEAU, repealed the provisions of the ‘Valls circular’ of 28 November 2012 and set out the new general guidelines for exceptional admission to stay (AES) as provided for in articles L. 435-1 and followings of the Code on the Entry and Residence of Foreigners and the Right of Asylum (CESEDA).
In this new circular, the Interior Minister sets out the guidelines to be followed by the Prefect or his officials when dealing with an application for exceptional admission to stay submitted by a foreign national.
1. The exceptional nature of the AES procedure
The circular reiterates the « exceptional nature of the AES procedure provided for in article L. 435-1 of the CESEDA ». It therefore focuses the regularisation criteria solely on the basis of the articles of law set out in the (CESEDA), namely:
- Article L. 435-1 (regularisation on humanitarian or exceptional grounds) (as indicated above)
- Articles L. 425-1 and L. 425-4 (regularisation of victims of human trafficking)
- Articles L. 425-6 and 7 (regularisation of victims of domestic violence or forced marriage)
- Article L. 435-4 (regularisation of foreign nationals working in short-staffed jobs)
- Article L. 423-23 (regularisation on the basis of personal and family ties in France)
- Article L. 435-2 (regularisation of foreign nationals who have been taken into care by a host organisation)
- Article L. 435-3 (regularisation of unaccompanied minors (MNA) entrusted to the Aide Sociale à l'Enfance (ASE)).
In other words, the other regularisation options previously provided for in the Valls circular now appear to be excluded. The Valls circular allowed the regularisation of parents of children attending school in France, spouses of legally resident foreign nationals, minors who have reached the age of majority, foreign nationals who have worked in France for at least five years and have a permanent contract or promise of employment, and students. These provisions have now been repealed.
With regard to the specific case of exceptional admissions to stay through work, this new circular indicates the need to encourage the examination of applications based on article L. 435-4 of the CESEDA and not on article L. 435-1 of the CESEDA. Regularisation through work is therefore also becoming more complex. These new provisions seem to give preference to foreign nationals working in jobs that are in short supply in France (also known as “métiers en tension”).
2. On the reinforced requirement of a level of integration in France
The circular reminds us that all foreign nationals who are regularised must undertake to respect the principles of the Republic, by signing a contract, the so-called Republican Integration Contract (CIR).
The Interior Minister has instructed prefects to pay particular attention to the level of integration of foreign nationals, through what he considers to be two essential elements:
3. On the absence of a threat to public order
It is recalled that any person who represents a threat to public order or who is in a situation of polygamy on French territory cannot benefit from exceptional admission to stay. Emphasis is placed on applications for residence permits made by foreign nationals who have already been the subject of an “Obligation to leave French territory” (OQTF). Such applicants may have their application for a residence permit refused on the basis of article L. 432-1-1 of the CESEDA. However, it is advisable to consider any new factor since the OQTF application was made.
What does the future hold?
In short, we are seeing a clear tightening of the conditions when examining applications for exceptional admission to stay. While the aim of the Valls circular was to take account of « certain human realities » while combating irregular immigration, the Retailleau circular takes a much more repressive approach.
However, while this new circular clearly demonstrates, once again, the government's change of stance on immigration, a stricter assessment of applications for exceptional admissions to stay has already been in place for several years, at least in the Alpes-Maritimes department. This new circular is therefore not all that surprising for Administra-vie.
Finally, it is important to assess the impact of this circular, which is interpretative rather than mandatory. In other words, although this text is made available to prefects to guide them in their decision-making, prefects are in no way obliged to comply with it.
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