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Each concerned police headquarters, especially Paris' one, proceeded to an individual and deep examination for each cases. Families have been helped since several weeks by personalities and charity associations with who a regular contact has been maintained.
Law applying and instructions provided in this goal for humantary reasons since June 1995, ordered by Home Office Minister about what concerns children's parents whose kids were born onto our territory, therefore, beeing automatically french. This case allowed 1 year Staying document delivery , renewable for 48 adults.
Other foreigners in any case won't see their request ending at anything, because their situation doesn't open them any right of stay in France. In these conditions, a recommandation to leave French territory will be notified to them ; thus they will have a month of delay to leave our Country. For lack, they will be contrained to go back to their native country. Those who will chose from themselves leaving before this date, will take advantage of rules for help to return.
Prefects will be award with new orders calling back and precising intructions relevant tofrench children's parents examination. Prefects will be able , under reserve of any absence of fraud or any threaten against public order, to process in the shortest delays to the regulation of those folders, delivering renewable Stay cards, allowing those French children's parents to have a job.
Though through these rules, it willbe clearly reaffirmed that those amenagements shouldn't have to apply to foreigners that are into other situation. The law will have to be strictly applied and foreigners in illicit situations will be drove or forced back in the respect of procedures that are imposed to everybody.
The movment that has developped here and there for those latest times to make believing to numerous families in irregular situation that in spite of law texts, they could hope that their presenz may be regularised can thus, only add to their distress and closed them a few more into illusion.
France cares of applying laws regulating immigration onto its land, in the strictest respect of rights of human beings.
OBJECT:Implementation of circularies about French children's parents.
SUMARY: Admitting to stay for foreigners that are French children's parents.
From May 5th and June 13th 1995 circularies, I request to regularise the cases concerning foreign nationality personnes, French nationalities children's parents, in spite they don't have any ablety of getting a resident card because they came or stay irregularilly to France.
As I constat that my instructions have been applied with unequal ways. Thus I wish to recall you the importance that consist in updating and finishing a certain number of those difficult situations while eventual refusing decisions of stay don't end at forcing back cases.
Those folders treating must from now on be quickly done and eventual stay refusing have to be object of motivate decisions. Not only regarding the November 2nd 1945 ordonancy (bilateral conventions) Also from elements of appreciation onto personal situation of interested peoples ( Article #8 of European Convention of Human rights and fundmontales freedoms, (legal act Olmus Quintero: State Council; June 29th 1990).
These instructions only concern French children's parents born before June 13th 1995, date of the referencial circulary or peobles that are recognized as requestings before this date. Somehow they will be applyed to parents whose chidren were born before and recognized as French by Judge decision afterward June 13th 1995. Of course, the goal is not to create any automatism; only to light up the exercizing of your aprreciation power in the frame of current laws and rules.
I precise that refusings stay found up following circumstances:
About Algerian citizens, it will be advisable to deliver, in case of admission to stay, a certificate of one year residence, carrying the mention "waged".
While expecting a staying card delivery, you will give, according to usual conditions, a requesting of staying card receipt . You will take care to avoid that onto this receipt is mentionned "does not allow it's owner to work" in order that this personne may look for a job.
It's necessary to add that, in every cases, formalities concerning the OMI medical consultation will be in agreement with common right rules.
Whenever the interested has already being remote, you will have to analyse if ever this one is linked to public order considerations. In case where a Ministery decision of ejecting from the territory, there obviously won't have any otion for regularisation.
In case where the foreigner is under a drive back to border advice, you will considere that you are seized of a regularisation request whose cogency is to examinate according to generals criterians. Then, you simultaneously pronounce the driving back decision abrogation and admission to stay with derogatory tittle. Anyhow, you have to be very cautious because of fraud risks. If ever one among those motives as aimed above, you will naturally maintain the driving back order previously decided (particulary about public order reasons)
When the the admitting to stay won't seem to you possible, you will take the decision of refusing the stay, followed up with an incitation to leave the territory... This decision will mention that the foreigner doesn't fit with legal conditions previewed by November 2nd 1945 ordonancy changed (or from bilateral conventions eventually applicable) and as seen of the personal and familial situation that it will be necessary to precise that the admitting cannot be pronounced.
You won't miss to suggest to the interested to benefite, before the one month delay expiration whom he disposes to leave France, about the OMI Helping program. This program allows to foreigners that are under a refusing decision in the one month delay , to go back in the most satisfying conditions.
Thus, I remind you to examinate positively and quickly folders that will be submitted to you, only gaping those among those that are registered above. I do insist particulary in orfer those cases may be ruled under the briefest delay.
I'll be thankfull to you to inform me about any difficulties that you will meet while applying those instructions. Also I wish you to comminicate me your statistics, as it has been asked through telegram CAB/T #207, october 17th 1995.
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