A - Extending the validity of the short-stay visa

When a researcher comes to France for a stay shorter than 3 months, the consulate issues a short-stay visa. In principle, once in France, it is not possible to convert a short-stay visa into a long-stay visa. Therefore, it is important to request a long-stay visa when first applying for a visa if the intended duration of the stay is longer than 3 months. In order to do so, the dates mentioned on the hosting agreement must anticipate a stay longer than three months.

A researcher who has come under a short-stay visa and who wishes to extend his/her stay (for example, because the grant has been extended or the research is longer than originally anticipated), would normally have to return to his/her home country and request another visa based on a new hosting agreement ("Convention d'accueil"). Civil law allows regularization of such a situation only on an exceptional basis. It is thus sometimes possible to extend the visa, but the procedure is complex and there is no certainty that the application will be accepted. An application for residence admission (Demande d’admission au séjour) must be filled at the préfecture. The researcher asks the prefect to regularize his/her stay on the basis of his/her new situation (a new hosting agreement). The prefect may grant a residence permit without a long-stay visa. This procedure is exceptional and usually reserved for persons who apply for a residence permit for private and family reasons, not for a scientist residence permit.

It is also possible to submit a short-stay visa extension application (prorogation de visa de court séjour) at the préfecture if the extension to a 90-day original stay is requested for only a few weeks. In practice, very few préfectures allow extensions of short-stay visas and, if they do, the extension is granted against payment of a fee.

Finally, in this case, exceptionally, some préfectures might consent to issue a Temporary residence permit (Autorisation Provisoire de Séjour, APS) on the basis of a letter from the host institution justifying the request and payment of chancellery fees (droits de chancellerie) which are calculated on the basis of the duration of extension requested.

B - Renewing the temporary residence permit

The temporary residence permit is not automatically renewed. The researcher must apply for a renewal within the last two months of validity of the permit at the local préfecture.

In order to extend the permit, the following documents are required:

• the current residence permit
• a new hosting agreement ("Convention d'accueil") filled by the host organization; if the renewal is requested on the basis of a multi-year hosting agreement already used for the issuance of a first residence permit, a certificate from the host institution acknowledging that the research is still ongoing

Reference: Immigration Law (Code des Etrangers), Article R313-36
http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=A84D5BFACACB2A8E27FDFEDF76E00129.tpdjo05v_1?cidTexte=LEGITEXT000006070158&idArticle=LEGIARTI000006335686&dateTexte=20080723&categorieLien=cid

• a photocopy of the current passport
• a proof of residence: when applying for a renewal, a telephone, electricity or gas bill are sufficient

The researcher must also provide:

• 3 passport photos
• the prefectoral form Cerfa No 20.3243 entitled "Demande de titre de séjour" (Application for a residence permit), available at the préfecture
• for the renewal of the "scientist" residents card and for the spouse's residence permit for "private life and family purposes" (carte de séjour "Vie privée et Familiale" du conjoint), you will need a fiscal stamp for 70 euros.

At the end of this process, a récépissé (receipt) is issued. It has exactly the same value as the residence permit, which is not the case for the receipt of the first residence permit application. The récépissé de demande de renouvellement de carte de séjour (receipt for a residence permit renewal application), accompanied by the old residence permit, entitles the holder free movement within the Schengen area. The holder is also free to re-enter France or any EU country when travelling back from a non EU country.

The new residence permit is valid for one year maximum.

C - Renewal of a residence permit, accompanied by a request for a change of status

When renewing a temporary residence permit, the applicant may request to modify the status specified on the card. The applicant may also apply for a residence permit with a 10-year validity if he/she meets the requirements. Both cases are considered a change of status () by the French administration and the applicant must meet the requirements specific to the category of residence permit requested.

The renewal must be requested 2 to 3 months before the expiration date of the initial temporary residence permit. When applying for the renewal, the applicant will be given a récépissé (receipt) that authorizes his/her stay in France and that can be renewed until the examination of the application has been completed.

The provision of 23 December 1988 stipulates that the authorities cannot refuse the renewal of a residence permit if the expiration deadline was not respected due to inadvertence, carelessness or lack of knowledge of the procedure by the applicant.

The documents needed are the same as for a first application, excluding the proof of lawful entry into France, the long-stay visa and the medical certificate, which are not required for the renewal.

Modifying the status to "salaried" or “temporary worker” status

When a foreigner applies for a new temporary residence permit in the “salaried” or “temporary worker” categories (for example, if he/she has a job offer from a non-accredited private company), he/she must present a declaration of intent to hire (promesse d’embauche) or a work contract (contrat de travail). The application will be treated like a first application. The préfecture may refuse to grant the “salaried” category and hence the renewal of the residence permit (this is rather rare in case of scientists). A residence permit of the “salaried” category will be issued to a foreigner holding a work contract for a duration of 12 months or more. It will mention “temporary worker” if the contract is for less than 12 months.

Foreigners who wish to have a salaried activity in France must first obtain a work permit according to provision R 341-4 of the French Labor Law. To modify the status to a salaried status, a so-called procedure of régularisation (regularization) is followed. This procedure should not be confused with the procedure of regularization of unlawful immigrants. It is intended for persons already holding a temporary residence permit granted for purposes other than "salaried".

This procedure can only be started by the foreign applicant, who must deposit the application in person at the foreigners' desk (Service des étrangers) of the relevant administration of his/her local place of residence (in general, this is the Direction Départementale du Travail, de l’Emploi et de la Formation Professionnelle, DDTEFP, the Department of work, employment and training) or the foreigners' desk at the préfecture, or, in Paris, at the local sub-prefecture of the arrondissement).

The dossier must include:

• 3 copies of the work contract (contrat de travail ; cerfa n° 96-61-02)
• the agreement to pay the ANAEM fee (Engagement du versement de la redevance à l’ANAEM) (included in the model of the cerfa form mentioned above)
• A questionnaire about accommodation arrangements (Questionnaire "logement" ; cerfa n° 61-2104)
• 6 passport photos
• 2 stamped envelopes bearing the name and address of the applicant

The employer, must fill in and sign the work contract mentioned above.
The fees to be paid by the employer, for the ANAEM examination, have been set at 690 € plus 168 € (a flat fee + reimbursement of expenses for the medical examination) for employees paid a salary no higher than 1525 € per month, and 1444 € plus 168 € if they are paid a higher salary. The above fees are for permanent positions, that is for a contract duration of at least 12 months. For contracts shorter than 12 months, the employer is only requested to pay the 168 € contribution to the medical expenses.

Modifying the “scientist” status to "student" status

More commonly, the status is modified from a "student" to a "scientist" or "salaried" status. If the préfecture accepts the modification from "scientist" to "student", the foreigner must request a normal residence permit and must meet two conditions:

• to be regularly enrolled in a higher education establishment
• to have sufficient financial means to support himself/herself

Particular case: student jobs

Once the "student" status has been acquired, the authorities consider that studying or training will be the main reasons for staying in France. A professional activity may only be considered for a limited period of time.

The new law of 24 July 2006 stipulates that from now on a “student” residence permit allows the bearer to work a total of 964 hours per year (starting from the date of issuance of the residence permit).

Any employer wishing to hire a foreign student must declare so at the préfecture (by electronic mail or registered letter), two days before the contract is due to start and send with the declaration a copy of both sides of the student’s residence permit (appendix 9).

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