Divorced from my French partner… does my residence permit still love me?
Divorce can have consequences on the renewal of a foreigner’s residence permit when the latter’s ex- partner is of French nationality.
You thought you were living a fairy tale with your partner… until the first Christmas dinner. Foie gras, escargots and frog legs... your taste buds didn’t survive these culinary traditions and neither did your marriage!
When Reality Hits: Your Residence Permit depends on living together
In France, your residence permit can depend on your married life. Yes, that famous “shared life” rule basically says: “You really need to live together and share everyday life.”
Even if you had a 10 year permit or have been in France for 3 years a separation can make your right to stay disappear.
I know... that's not very romantic but that’s the law.
Don’t Panic: there’s still hope
You might still be able to keep your residence permit if you follow a few rules:
● You’re not European, ● You were legally married to a French citizen and followed all the rules of your first permit – no shortcuts, no secret second families.● You lived together for at least 4 years ( that includes surviving IKEA furniture assembly and arguing over who does the dishes...)● If there’s any doubt about your situation, you’ll need to prove that your ex is truly French and that your marriage was officially registered if it happened abroad.
● MOST importantly, you should show that you’ve made some effort to be French: taking classes, enjoying a little cheese… basically, blending in without losing yourself. If you’ve also had to endure your in-laws’ traditional dishes during Christmas meals, we can say you’ve truly experienced French life!
If all of the above checks out, you can get a multi-year residence permit, and if you already had a 10-year permit, you become a permanent resident.
Short Marriage? Beware! If the shared life lasted less than 4 years, your permit might disappear, and renewal could be denied....
Special Exceptions
● Domestic violence : since the law of June 16, 2011, if the divorce is due to domestic violence suffered by the foreign spouse, your residence permit cannot be revoked.
● Kiiids : If you have kids together, you can keep your permit after divorce, no matter how long you lived together. You’ll just need to prove that you actually participate in their education and upkeep (yes, that includes surviving school projects, endless homework, and the occasional “why is there glitter everywhere?” moments).
● Death of your partner : if the separation was involuntary, like the death of your French spouse, your permit can still be maintained ( But please don’t try anything risky.... you might end up stuck in jail instead, and that’s definitely not the kind of long‑term stay you want.)