The ten-year Algerian residence certificate is a specific residence permit issued to Algerian nationals residing in France. It gives its holder specific rights in terms of work and residence on French territory.
However, recent changes in French immigration law have raised questions about whether these privileges should be maintained. Many lawyers have answered this question after analyzing the legal situation of holders of this certificate, by comparing the provisions of the 1968 Franco-Algerian agreement with the new immigration requirements.
Although the 1968 Franco-Algerian agreement grants Algerians specific rights, these rights may be called into question by the restrictive application of French immigration law by the prefectures. These rights are in principle guaranteed by this international agreement, which should take precedence over national legislation. However, administrative practice shows that the situation is more complex. The prefectures, responsible for applying the immigration law, have a certain margin of interpretation and may be led to apply the provisions of the Franco-Algerian agreement in a restrictive manner.
A lawyer’s response
On a forum dedicated to the rights of foreigners in France, an Algerian national asked this question: ” Is the 10-year Algerian residence certificate subject to immigration law?” The lawyer, Rosalie Diarra, provided details. According to her, “the Franco-Algerian Agreement normally takes precedence over other applicable laws, but it is clear that the Prefectures often apply the provisions of the CESEDA even in the presence of agreements. It will therefore be up to you, under these conditions, to contest before a court any decision taken in violation of the agreement.”
Born from the Franco-Algerian agreement of 1968, the ten-year residence certificate was designed to regulate the status of Algerian nationals in France. This residence permit is distinguished by its specific nature and by the particularly advantageous renewal conditions it offers to its holders. Indeed, it is automatically renewable every ten years, without it being necessary to prove continuous residence or professional activity.
Impact of the immigration law on the renewal of residence permits
French immigration law has undergone successive reforms, introducing new rules for the issuance and renewal of residence permits. Among the main new features, we can cite the strengthening of controls on actual residence in France and the multiplication of grounds for refusal of renewal. These changes have a direct impact on foreigners in a regular situation, including holders of Algerian residence certificates.
The new requirements for renewing residence permits may cause difficulties for holders of Algerian residence certificates. Indeed, they may be refused renewal, even if they meet the conditions set out in the bilateral agreement. The reasons given may be varied: lack of sufficient proof of income, lack of connection with French territory, etc.
