[argfran]

Hello,

I really need advice on this.

My boyfriend of 3 years has his carte de sejour for france (he has lived in France for a year and can live here for 2 more years at least).

I am an American who came here on a tourist visa, but have overstayed it. I really want to stay in France, and we would like to get PACsed. However, I am not sure if this is possible since I have overstayed my tourist visa.

Does anyone know if one can get PACsed if they are illegally residing in france (staying after tourist visa has expired??)

 

[Bellthorpe]

By how long have you overstayed? If it's a short time it could be forgiven as a mistake. If it's a long time it will be viewed as deliberate.

You'll be better treated than the US, where even one day could prohibit you from entering the country again for a very long time.

 

[Bevdeforges]

As Bellthorpe says, overstaying a tourist visa isn't quite the disaster in France as in the US. But all the same, you probably can't get PACS'd as most prefectures seem to require at least 6 to 12 months of documented co-habitation - and that's if you're PACS'ing a French citizen. It's very possible they won't allow you to get PACS'd as two foreigners.

And even at that, to "legalize" yourself you'd have to return home and apply for a long-stay visa. They can't issue you one inside France. Whether or not they'd even give you a long-stay visa based on being PACS'd to a foreigner is a huge question. If you were to get married, your bf could not sponsor you for a family reunification visa until he had been here in France for at least 18 months and gone through a process to prove that he has the resources to sponsor your visa plus an adequate place for the two of you to live.

OFII - Office Français de l’Immigration et de l’Intégration for more details.
Cheers,
Bev

 

[argfran]

Thanks for all the information! Being sponsored for a family reunion if married is definitely something to consider.

To answer your question: It has been about a 6 months overstay. I was actually in the process of applying for italian citizenship through descendance (long story short: it is very slow, and I am no longer sure I am legal even in Italy due to miscommunications).

For the 6-12 months co-habitation: We lived together for a year in the US (which we can definitely prove), and I think I changed one of my bank accounts to the French Address, and my public transport card here has my address. I think that's all I have in terms of proof, not sure if this would suffice.

I had read that you can get PACS'd to a foreigner with a Carte de Sejour, but in any case I will call the local tribunal d'instance and ask if it is possible to be PACS'd to a foreign with a Carte de Sejour, and if I can thereafter apply for a long term visa for France.

I'll be happy to share my experience here.

Finally, do you guys think that it would just be better/easier to go back to the US and get myself a student visa? Do you think they would give it to me even if I have overstayed my tourist visa before?

 

[Bevdeforges]

The French system doesn't seem to penalize you for past sins. The only "trick" would be if you found yourself subject to a long-term ban from the Schengen area based on the overstay. Everything I've heard and seen in recent years, however, says that as long as they only catch the overstay at the airport as you're leaving, they may "warn" you but normally won't enter anything on your "permanent record" (whatever or wherever that may be).
Cheers,
Bev

 

[rockstardmtb]

What to do?

Hello,
I am on 90 days multiple visa which valid for a year.
already spent 80 days but 10 days ago I applied for CDS as non-European spouse of an European citizen. I didn't hear anything from them yet. Am I gonna be okay after 90 days as I applied before my 90days end?

 

[Bevdeforges]

Hello,
I am on 90 days multiple visa which valid for a year.
already spent 80 days but 10 days ago I applied for CDS as non-European spouse of an European citizen. I didn't hear anything from them yet. Am I gonna be okay after 90 days as I applied before my 90days end?

You should be OK, as long as you applied within the 90 day time frame. If they gave you any sort of receipt (a récippisée - or something like that) for your application, hang onto that. You can use it should you need to show your carte de séjour for any reason.
Cheers,
Bev