From Ordinary Employee to Deputy Director: This Moroccan Man Forces France to Grant Him Legal Status
Having entered France in 2019 with a short-stay Schengen visa, a Moroccan man has worked for the same company since 2020. Despite becoming deputy director, he was met with silence from the prefecture regarding his application for legal status. The courts have now ordered that he be issued a residence permit.
Born on 1 November 1986, the Moroccan national arrived in France on 24 September 2019 with a type C Schengen visa. A few months later, in March 2020, he began working full-time for a company as an E1-level employee, with a salary equivalent to the Smic.
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He remains with the same company. On 11 October 2023, his employer even submitted a work authorization application for him. On 3 November that same year, the Moroccan man applied for exceptional admission to stay.
His employer supported his application. In a letter addressed to the prefecture, he explained that he wanted to promote him to a higher position, notably because of the satisfaction of customers and colleagues.
From Employee to Deputy Director
This progression materialized on 3 January 2024. An amendment to his employment contract promoted him from an E1-level employee to an E6-level deputy director, with a salary increase. The Moroccan man also provided evidence of his habitual residence in France since September 2019 and stated that he had declared his income in the country since he began working there.
Despite these factors, the police prefect did not respond to his application for a residence permit. This silence gave rise to an implicit refusal decision. The Moroccan man then brought the matter before the Paris Administrative Court to have it annulled.
In its ruling of 3 July 2026, the court took into account both the length of his presence in France and “the quality of his professional integration.” In the judges’ view, the police prefect had made a manifest error of assessment by refusing to issue him a residence permit.
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The implicit decision was therefore annulled. Above all, the court did not merely order a new examination of the case: it required the police prefect, or any prefect with territorial jurisdiction, to issue the Moroccan man a residence permit within two months, subject to any change in the factual or legal circumstances. The State must also pay him 1,200 euros for his legal costs.
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