France: Moroccan national had Spanish papers, but no right to settle

Born in 1977, the Moroccan national held an “EU long-term resident” card issued by Spain in June 2022 and valid until May 2026. This status allowed him to travel to France, but not to settle there automatically in order to work.

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The man nevertheless lived in Perpignan with his wife and their four children. He worked there selling clothing through a company with capital of 1,000 euros. On April 9, 2024, he applied to the Pyrénées-Orientales prefecture for a residence card bearing the designation “entrepreneur/liberal profession.”

The application arrived too late. The Moroccan national had entered France on March 1, 2021, more than three years earlier. However, a holder of an EU long-term resident card issued by another European country must submit an application for a French residence permit within three months of arrival.

The prefecture refused to regularize his status in February 2025. It also decided to return him to the Spanish authorities, placed him under house arrest for 45 days and banned him from travelling in France for two years.

His Spanish card was not enough

The Moroccan national’s professional situation also worked against him. His company had recorded a net profit of only 1,061 euros in 2022, followed by a loss of 1,009 euros in 2023. His accountant claimed that the business brought him 1,400 euros per month.

The Toulouse Administrative Court of Appeal nevertheless considered that this sum was not enough to support a family made up of two adults and four children, three of them minors. His wife did not work. To obtain a French entrepreneur’s card, the business had to be economically viable and provide sufficient means of subsistence.

In its ruling issued on July 23, the Toulouse Administrative Court of Appeal therefore upheld the refusal of the residence permit. The judges did not need to settle the disagreement over the filing date: the insufficient resources alone were enough to justify the prefectural decision.

The Moroccan national also argued that his return to Spain would harm the interests of his children. The court rejected this argument, noting that the decision did not separate the family and that three of the children held Spanish nationality. Nothing showed that they would be unable to continue their education in Spain.

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The Spanish card ultimately enabled France to return the man directly to the authorities of that country, rather than issue an obligation to leave the territory for Morocco. His lawful residence in Spain therefore did not give him an automatic right to live in France: to settle there permanently, he had to comply with the three-month deadline and meet the French requirements regarding resources and employment.