On January 23, 2025, a new circular signed by the Minister of the Interior, Mr. Bruno RETAILLEAU, repealed the provisions of the "Valls Circular" of November 28, 2012 and defined the new general guidelines relating to exceptional admission to residence provided for in Articles L. 435-1 et seq. of the Code of Entry and Residence of Foreigners and the Right of Asylum (CESEDA).
Thus, through this new circular, the Minister of the Interior indicates the guidelines that the prefect or his agents must follow in the context of an application for exceptional admission to stay submitted by a foreign national.
1. On 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 regularization criteria solely on the basis of the articles of law provided for in the Code on the Entry and Residence of Foreigners and the Right of Asylum (CESEDA), namely:
- Article L. 435-1 (regularization for humanitarian or exceptional reasons) (as indicated above);
- Articles L. 425-1 and L. 425-4 (regularization of victims of human trafficking);
- Articles L. 425-6 and 7 (regularization of victims of domestic violence or forced marriage);
- Article L. 435-4 (regularization of foreigners working in high-demand professions);
- Article L. 423-23 (regularization on the basis of personal and family ties in France);
- Article L. 435-2 (regularization of foreigners who have been taken into care by a host organization);
- Article L. 435-3 (regularization of unaccompanied minors (MNA) entrusted to Child Social Services (ASE)).
In other words, the other regularization options, previously provided for by the Valls circular, now appear to be excluded. Indeed, the Valls circular allowed for the regularization of, among others, parents of children attending school in France, spouses of foreigners with legal status, minors who have reached the age of majority, foreigners who have worked in France for at least five years and can demonstrate a permanent employment contract or a job offer, and students. These provisions have now been repealed.
Regarding the specific case of exceptional admissions to stay through work, this new circular indicates the need to favor the processing of the application based on Article L. 435-4 of the CESEDA and not on Article L. 435-1 of the CESEDA. Regularization through work is therefore also becoming more complex. These new provisions seem to give preference to foreigners working in jobs in short supply in France.
2. On the increased requirement for a higher level of integration in France
The circular recalls that every regularized foreigner must commit to respecting the principles of the Republic, through the signing of a contract, the famous Republican Integration Contract (CIR).
The Minister of the Interior has urged prefects to pay particular attention to the level of integration of a foreign national, particularly through two essential elements according to him:
3. On the absence of 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 national territory cannot benefit from exceptional admission to stay. The emphasis is placed in particular on applications for a residence permit made by a foreigner who has already been the subject of an OQTF. The latter may have their application for a residence permit refused on the basis of Article L. 432-1-1 of the CESEDA. However, it is recommended to take into account any new elements since the OQTF application was made.
What future ?
In short, we are witnessing a clear tightening of the processing of applications for exceptional leave to remain. While the Valls circular aimed to take into account "certain human realities" while combating irregular immigration, the Retailleau circular, on the other hand, takes a much more repressive approach. Emphasis is placed on the exceptional nature of such leave and the absence of any threat to public order that the undocumented foreign national must represent.
However, while this new circular clearly demonstrates, once again, the government's shift in stance regarding immigration, it should be noted that a stricter application and assessment of applications for exceptional leave to remain seems to have already been underway for some years, at least in the Alpes-Maritimes department. This new circular is therefore not so surprising for Administra-vie.
Finally, it is appropriate to qualify the impact of this circular, which is not mandatory but rather interpretative. In other words, although this text is made available to the prefect to guide him in his decision-making, the prefect is in no way obliged to comply with it.
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