French Court Overturns COVID-19 Ban on Family Reunification Visas

Seized by several associations including the League of Human Rights and the Cimade, the Council of State considered that this measure constituted "a disproportionate infringement of the right to normal family life and the best interests of the child," it said in a press release accompanying its decision.

As part of the fight against the Covid-19 epidemic, the French government had decided, as of March 18, 2020, to limit the movement on the national territory of people coming from abroad. As a result, only the spouses and children of French or European citizens could still enter France to join them. This possibility is not offered to family members of other nationalities residing in France, except in rare exceptions. Nine associations, unions and foreign persons concerned had seized the Council of State on Thursday, December 17, asking it to suspend this measure.

In its decision, the interim judge noted that the number of people benefiting from family reunification does not normally exceed 60 people per day and that "the administration does not provide any element showing that such a flow could contribute significantly to an increase in the risk of spreading Covid-19." "The recently strengthened screening and isolation measures to deal with the emergence of new variants can be applied to the persons concerned as well as to those already benefiting from an exemption allowing them to enter the territory," he added.

The Council of State also stressed "that the challenged measure seriously infringes the right to normal family life of all those concerned and the best interests of the children involved," before concluding that there is "serious doubt" about its legality "which justifies that it be suspended."