Traveling while waiting for French residence permit
I moved to France last year and Im still waiting for my titre de sejour, I have a valid récépisse and I know this is not a valid document to travel (back) to France. I have (after asking more than a few times if this was ok) however already booked and paid for an expensive trip inside of the Schengen area that is to take place very soon. The people at the préfecture have now washed their hands and deny they assured me it was ok to book this (over 6 months after I first applied for the residence permit). I have already renewed my récépissé once and the new one is about to expire soon too.
But anyway, I'm from a country which gets 90 days visa exemption for tourism. My question is: would it be ok (and by this I mean legal) to travel outside Schengen for a few days and then come back so I can get my passport stamped as if I were here simply for tourism? In my understanding with this stamp I would then have no issue flying inside the Schengen area, crossing borders and coming back to France afterwards, right?
People at the préfecture are not really friendly and just say I have to wait and dismiss my questions, so there's not much use in asking them. So if this is something that is allowed, I'd like to have something quotable if possible in case I face one 'totally random' document check at the border.
To clarify a bit based on the comments below: I have no intention to lie, in fact my question is about whether I can selectively use the visa-exception days I get from my passport to cross the borders and still maintain the validity of my residence in France by using the récépissé.
Best Answer
I have a valid récépisse and I know this is not a valid document to travel (back) to France
A recipissé is a valid travel document, given:
- The visa you are expecting AND had allows you multiple entries to metropolitan France.
It is an application for the renewal, and not first application of a Titre de séjour.
Reference:
Attention : un récépissé de premier demande ne vous permettra pas de revenir en France sans visa.
http://www.hautes-pyrenees.gouv.fr/est-ce-que-je-peux-voyager-dans-mon-pays-d-origine-a2910.html
If you have a valid recipisse, it should not be a problem, since they do not issue resident cards until the second year of residence (At least for students AFAIK). There are a lot of students who go back home for summer holidays with their recipissé after the first year, so this should not be a problem (given you already have the OFFII or another visa stamped on your passport)
Pictures about "Traveling while waiting for French residence permit"
How long does a French residence permit take?
How long does it take to be issued a residence document? Assuming your residence permit application is complete and the prefecture does not request any additional documents to review your request, the average issuing time is 45 to 60 days.Can you travel while waiting for Carte dejour?
Yes, she can travel with you. Just be sure to bring a copy of your marriage certificate. She should not attempt to enter the Schengen area without you unless one of the following is true: She is traveling to join you in the Schengen area, or.Can I travel with a French residence permit?
You can travel within the Schengen Area for stays up to 3 months. To work in France, you will normally have to apply for a work permit. Beyond 3 months, you must be in possession of a residence permit issued by the French authorities.How long can a residence permit stay outside France?
During its period of validity, the long-stay visa is equivalent to a Schengen visa, enabling you to move around and stay in the Schengen Area outside France for periods not exceeding 90 days over any period of 180 consecutive days, under the same conditions as if you held a Schengen visa.HOW TO STAY IN FRANCE FOREVER
More answers regarding traveling while waiting for French residence permit
Answer 2
I have a valid récépissé and I know this is not a valid document to travel (back) to France.
As explained before, a récépissé can replace a visa but only if it's a récépissé for a renewal. As you wrote, a récépissé for a first application would not open any right to come back to France after a trip abroad.
But anyway, I'm from a country which gets 90 days visa exemption for tourism. My question is: would it be ok (and by this I mean legal) to travel outside Schengen for a few days and then come back so I can get my passport stamped as if I were here simply for tourism?
Two problems with this plan:
- You would be misrepresenting the purpose of your trip. Short-stay rules for the Schengen area cover many purposes and are not always enforced very strictly but, in principle, entry is generally contingent on proving your intent to leave the area in time. Schengen rules haven't superseded national requirements for long stays.
- A careful border guard could notice you have a recent exit stamp and check whether you have exceeded the 90-day limit on short stays. You need a titre de séjour to account for that and establish your right to stay in the country long-term.
There are still two other possibilities. If you are stuck abroad, you can apply for a visa consulaire de retour. Before leaving, you can also apply for a visa de retour préfectoral. Both of these are discretionary and typically issued for very serious reasons (going to the funeral of a close family member, these kind of things) and can only really be used as a last resort. But the préfecture does have a legal means to facilitate your trip if you can convince them.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Olena Bohovyk, Download a pic Donate a buck! ^, Darya Sannikova, Andrea Piacquadio