obtaining titre de séjour while on a 3 months Shengen visa

[tebee]

My wife is trying to obtain her titre de séjour, she is Thai, I am English, live and work in France.

She has been told by the local prefecture she cannot apply this trip as she came here on a short-term 3 month Shengen visa. Now I thought this was was the normal method for an EU family member to obtain their CDS.

Has something changed recently or have they got it wrong ? If the latter how do I persuade them of the error of their ways - is there anything published online by a French government agency that says we can do this?

I have noticed that they have changed the requirement for a long stay visa if you are a member of an EU citizens family - it used to be the same as applying for a normal non-eu long stay visa, now there is a much shorter form and list of requirements, but this has only changed in the last few months - since we applied for the short-term visa.

Tom

[Bevdeforges]

I'm not sure if this will help, but take a look at this document: http://www.immigration.gouv.fr/IMG/pdf/IMIM1000116C.pdf p. 22 and following.

This circular from the government only mentions "legal entry" (which would include a Schengen visa) not anything having to do with the length of the visa. What counts is the claim to remain in France of the EU national.

You could try taking a copy of this in to the prefecture and ask about the section starting on page 25. Or try the europa.eu site here: EU – Do you need help? – Your Europe to ask about your situation.
Cheers,
Bev