Moroccan man waits 84 days for French return visa despite valid residence permit
A Moroccan national who travelled to Morocco for family reasons waited 84 days for a visa to return to France, even though his residence permit was still valid. His employer was considering dismissing him when the Defender of Rights intervened.
His job in France is at risk, but he cannot get back to his employer. In Morocco, where he travelled for family reasons, a Moroccan national is desperately waiting for the document that will allow him to return. Weeks go by, with no response from the French consulate. The most surprising part? The man still has a valid residence permit. It took intervention by the Defender of Rights to resolve the situation, after nearly three months of waiting.
The problem dates back to January 2026. Having lived in France for several years, the Moroccan man loses his multi-year residence card bearing the designation “talent passport”. The document allows him to live and work legally in France.
In June, he has to travel to Morocco for family reasons. But without his residence card, returning becomes more complicated. On 24 June, he submits an application for a return visa to the French consular authorities.
He receives no decision. July passes, then August. Meanwhile, his professional life in France is left hanging on an administrative response that never comes. The situation becomes concerning enough for his employer to consider dismissing him.
France could not refuse to let him return
Faced with this impasse, the Moroccan man contacts the Defender of Rights. The institution reviews his case and identifies a decisive point: his right to reside in France is not in dispute. The card is missing, but his residence authorization remains valid.
In its intervention, the Defender of Rights cites a Conseil d’État ruling dated 22 February 2002. When a foreign national has an established right to reside in France, consular authorities cannot refuse them an entry visa, whatever the reason given.
The institution also notes that consulates are not legally required to seek the prefecture’s opinion before issuing a return visa. Such a consultation can nevertheless help verify that the applicant still has the right to reside in France. In this Moroccan man’s case, having lived in the country for several years, this condition did not appear to pose any difficulty.
The Defender of Rights then contacts the visa sub-directorate and the prefecture responsible for the man’s case. It asks them to review his situation and check whether the visa can be issued as soon as possible, particularly in view of the impact the delay is having on his job.
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The situation is finally resolved on 16 September. The visa sub-directorate confirms by email that the vital document has been issued. A total of 84 days passed between the registration of his application and the decision.
The case is the subject of an amicable settlement by the Defender of Rights, reference RA-2026-118, dated 30 September 2026.
