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Title II : DELIVERY TO THE AUTHORITIES OF ANOTHER MEMBER STATE OF THE EUROPEAN UNION

Article R621-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority competent to take the surrender decision pursuant to articles L. 621-1 to L. 621-7 is the departmental prefect and, in Paris, the police prefect.However, in the cases provided for in articles L. 621-2 and L. 621-3, the prefect may delegate his signature to a police officer in departments sharing a border with one or more Member States of the European Union or the Swiss Confederation for surrender…

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Article R621-2 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Subject to the provisions of article R. 621-4, the foreign national submits the declaration of entry into French territory mentioned in article L. 621-3 to the national police services or, in the absence of such services, to the customs services or national gendarmerie units. On this occasion, he/she will be given a receipt which may be issued by means of an endorsement on the travel document.The procedures for applying this…

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Article R621-3 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The production of the receipt referred to in the first paragraph of article R. 621-2 enables foreign nationals subject to the obligation to declare to prove, at the request of any competent authority, that they have fulfilled this obligation. The production of the receipt referred to in the first paragraph of article R. 621-2 enables foreign nationals subject to the obligation to declare to prove, at the request of any…

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Article R621-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

A foreign national who is in one of the following situations is not required to make a declaration of entry into French territory:1° Is not subject to the visa requirement to enter France for a stay of three months or less;2° Is the holder of a valid residence permit, valid for one year or more, issued by a State party to the convention signed in Schengen on 19 June 1990;…

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Article R621-5 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority designated in article R. 621-1 may, in application of the provisions of article L. 621-4, take a surrender decision against a foreign national holding long-term resident status – EU granted by another State, in the following cases:1° The foreign national has resided on French territory for more than three consecutive months without complying with the provisions of article L. 426-11;2° The foreign national has been refused the…

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Article R621-6 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority may, in application of the provisions of article L. 621-4, take a surrender decision against a family member of a foreign national holding long-term resident-EU status granted by another State, mentioned in articles L. 426-12 and L. 426-13, when this family member: 1° Has stayed for more than three consecutive months on French territory without complying with the provisions of articles L. 426-12 or L. 426-13; 2°…

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Article R621-7 of the French Code governing the entry and residence of foreign nationals and the right of asylum

When the administrative authority designated in article R. 621-1 finds that a foreign national holding long-term resident – EU status granted by another State is the subject of an enforceable removal decision issued on the grounds of the existence of a serious threat to public order, it shall consult that State for the purposes of examining the right to reside on its territory.Without waiting for this consultation to be completed,…

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Article R621-8 of the French Code governing the entry and residence of foreign nationals and the right of asylum

When, at the end of the consultations provided for in Article R. 621-7, the State which granted long-term resident – EU status maintains the right of residence on its territory or suspends the withdrawal of this right, the administrative authority issues a decision to surrender the person concerned to the competent authorities of this State pursuant to Article L. 621-4.

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Article R621-9 of the French Code governing the entry and residence of foreign nationals and the right of asylum

When, following the consultations provided for in article R. 621-7, the State which granted long-term resident – EU status withdraws the right to stay in its territory, the administrative authority, after notifying the person concerned of this decision to withdraw the right to stay, enforces the removal decision. In this case, if the foreign national has been placed under house arrest or in detention in accordance with the provisions of…

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Article R621-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

When the administrative authority is consulted by the competent authorities of a Member State of the European Union, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation who note the existence of a removal decision issued on serious grounds of public order or security against a foreign national to whom France has granted long-term resident – EU status pursuant to the provisions of…

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