French Woman’s Allegations Lead to Moroccan Husband’s Residence Permit Revocation

On Juri travail, lawyer Nomenjanahary Tsaranazy recounts the story of a Moroccan Mr. B. Y.*, who married a French woman in Morocco. "Mr. B. Y.* married his wife Mrs. K... M... in 2013 in Morocco. The latter is French and usually resides in France, she only spent tourist stays in Morocco. She wanted her husband to join her in France, and after applying for a long-stay visa, Mr. B... Y... regularly enters France 1 year later. They have a son the same year," he recounts.

The visa was renewed, and the husband obtained a multi-year residence permit valid until December 2016. He brought his own savings from Morocco. In France, he finds a job and takes care of his entire family alone. "Without explanation, Mrs. K... M... abandons the marital home and takes the child away from the presence of his father. Yet she had never questioned the contribution to the maintenance and education of Mr. B... Y... for his son, and this since the birth of the child," continues the lawyer.

Trouble begins for the Moroccan. "Following this abandonment of the family, Mrs. K... M... has not ceased to defame her husband, against all the authorities she deemed relevant to harm him (Prefecture, Public Prosecutor, employer, etc.), and filed for divorce in 2015 with the family court judge after having emptied the couple’s joint account, the lawyer said. Being unemployed, she felt that the alimony her husband would pay her would allow her to live alone because Mr. B... Y... was earning very well".

The breakdown of community life with his French wife for more than 6 months will be the origin of the initiation of a procedure to withdraw his residence permit. This occurred six months before the validity of the residence permit. "The prefect pronounced the withdrawal of the residence permit of Mr. B... Y..., ordered him to leave the territory and set the country of destination of his possible deportation. Mr. B... Y... appeals the decision to the administrative court, but his appeal was also rejected due to lack of evidence he was able to present being alone," Nomenjanahary Tsaranazy also said. This situation will result in the loss of his job. He will not benefit from any compensation, bonus or assistance granted by his job, including the company’s health insurance.

"Meanwhile, Mr. B... Y...’s divorce is underway and a non-conciliation order finally gives Mr. B... Y... a right of visitation for his son. Mr. B... Y... was able to demonstrate that he has sought to continue to contribute to the maintenance and education of his child but has been prevented from doing so due to the animosity of Mrs. K... M... and her brothers. The latter even made threats against Mr. B... Y... He also tried in vain to send her money," details the lawyer.

The Moroccan managed to have the OQTF (obligation to leave French territory) decision overturned in the Court of Appeal with the assistance of a lawyer. "We were able to gather a lot of evidence on the maintenance and education of his son despite the separation from the mother. Thanks to this, Mr. B... Y... was able to obtain his residence permit today as a parent of a French child, continuing to see and participate in the life of his child. He was also able to resume his job, in the same company," concludes the lawyer.