The Nantes Administrative Court of Appeal on 13 October dismissed an appeal by the Prefect of Ille-et-Vilaine and upheld a lower-court order requiring issuance of a ‘vie privée et familiale’ residence card to a Georgian mother of three who has lived in France since 2018. The court found that the prefecture committed a ‘manifest error of assessment’ by ignoring the applicant’s long-standing residence, employment history, and the regular status and schooling of her children—factors protected under Article 8 of the European Convention on Human Rights. In addition to annulling the removal order and the one-year re-entry ban, the judges instructed the prefecture to deliver the card within two months. The decision adds to a growing body of jurisprudence requiring prefectures to balance enforcement with family-life considerations. For multinationals that sponsor dependants, it provides a legal safety net when local authorities apply rules too restrictively. It also highlights the strategic value of documenting children’s integration and the parents’ economic contribution when contesting negative outcomes. Lawyers note that the ruling may encourage other regional courts to scrutinise OQTF decisions more closely, potentially increasing litigation volume. HR mobility leaders should monitor regional disparities and anticipate longer lead times in departments with high refusal-overturn rates.
Source: Justiweb
