Exceptional Admission to Stay (AES): Regularization in France

Exceptional admission to stay (AES) allows a foreigner in an irregular situation to apply for a residence permit on an exceptional basis. It is not a right, but a discretionary decision by the prefect, who evaluates each case according to the applicant's personal situation.

1. Legal Framework and Recent Developments

AES is provided for by articles L.435-1 and following of the Code of Entry and Stay of Foreigners and Right of Asylum (CESEDA). It targets foreigners who, without a permit, may be regularized for humanitarian reasons or exceptional grounds.

History

Valls Circular (2012): more flexible, it set criteria of 5 to 10 years of presence and work.
Law of January 26, 2024: introduced the "shortage occupations" scheme.
Retailleau Circular (January 2025): tightening of criteria (minimum presence often 7 years, French proficiency, respect for the law, exclusion of persons under OQTF).

🔎 AES remains an exceptional, non-automatic avenue. Even a complete file may be refused.

2. Main Grounds for Admission

A. Through Work (Shortage Occupations)

Presence in France for at least 3 years
12 months of work over the last 24 months
Employment in a shortage occupation (see below)
Job offer and work authorization from employer

B. Private and Family Life / Social Integration

Long-term presence (5 to 7 years in practice)
Children in school, spouse, parents in France
Stability and social integration (training, language, community involvement)

C. Humanitarian Reasons

Health condition requiring treatment unavailable in country of origin
Victim of domestic violence, trafficking or proven humanitarian distress

3. Required Documents

Common Documents

Residence permit application form
Passport or identity document
Proof of stay in France (bills, rent, bank statements, certificates)
Proof of address (less than 6 months old)
ID photos
Birth certificate translated if necessary

Specific Documents

→ For work: pay slips, contract, job offer, work authorization → Private/family life: family record book, school certificates, proof of integration → Humanitarian: medical certificate, police report, certificates

4. Step-by-Step Procedure

Prepare the file – gather all supporting documents.
Make an appointment at the prefecture of residence (some offices accept walk-ins).
Submit the application – a receipt (3 to 6 months renewable) may be issued.
File processing – examination by the prefecture (4 to 12 months depending on cases).
Decision:
- ✅ Acceptance → residence permit (often "private and family life" or "employee")
- ❌ Refusal → prefectural decision, sometimes with an OQTF
- 🕐 Silence for 4 months = implicit refusal

5. Timeframes and Costs

Average timeframe: 6 to 12 months (up to 18 depending on prefectures)
Cost: free upon submission; if approved, tax stamp of approximately 225 €

6. Common Grounds for Refusal

Insufficiently documented stay or work
Absence of job offer
Occupation not recognized as shortage occupation
Non-execution of an OQTF
Criminal record
Social integration deemed insufficient

Possible Appeals:

Gracious appeal to the prefect (2 months)
Contentious appeal before the administrative court (2 months)

7. Examples of Shortage Occupations (Order of May 21, 2025)

Shortage occupations are those where companies struggle to recruit, opening the way to regularization through work. The list is defined by region (see official order of May 21, 2025).

Common Examples in 2025:

Masons, roofers, plumbers, electricians
Construction and public works workers
Heavy goods vehicle drivers and equipment operators
Maintenance workers, home helpers, housekeepers
Domestic employees, cleaning agents
Cooks, kitchen helpers, multi-purpose catering employees
Waiters, hotel and catering staff
Agricultural workers, market gardeners, horticulturists
Forklift operators, handlers, warehouse workers
Industrial maintenance technicians

⚠️ Being employed in a shortage occupation does not automatically ensure regularization: it is only a favorable criterion in the prefectural decision.

8. Alternatives and Supplements

Asylum application with OFPRA if at risk in country of origin
Marriage to a French citizen → "private and family life" permit
Parent of a French child → possibility of specific regularization

9. Practical Advice

Provide continuous proof of presence over the entire declared period
Take care with file presentation (clear filing, legible copies)
Highlight social and linguistic integration
Consult a lawyer or association before any submission in case of OQTF

10. FAQ

Can I work during processing? Only if the receipt explicitly mentions it.

How long must I be present? In practice: 3 years for shortage occupations, 5 to 7 years for other cases.

Can I be deported during processing? No with a valid receipt. Yes, if you don't have one or if it has expired.

What to do in case of refusal? Gracious appeal, contentious appeal, or new application with new elements.

Can I obtain a resident card afterwards? Yes, after 5 years of regular stay with a permit obtained via AES.

🤝 Professional Support

The AES procedure is technical and very case-specific. Specialized support can:

Assess your real chances
Build a solid and documented file
Write a legal motivation letter
Form an appeal in case of refusal

Official Sources and References:

Exceptional Admission to Stay: Regularization in France