Divorce: What Happens to the Residence Permit of a Foreign Spouse Living in France?

In one specific situation, yes. The residence card issued to the spouse of a French national can be withdrawn for the couple no longer living together until the marriage is four years old (Article L. 423-6 of the CESEDA); a card obtained through family reunification, during the three years following the authorisation (Article L. 423-17). Withdrawal is ruled out if the spouse has died, in cases of domestic violence, or where a child was born of the marriage and the foreign parent has genuinely contributed to the child's upkeep and upbringing since birth. Once those periods have passed, a divorce no longer allows the card to be withdrawn on that ground.

If the permit was obtained on the basis of the marriage, the préfecture may refuse to renew it, or may withdraw it: for the temporary "private and family life" permit of the spouse of a French national, once the marriage or the couple's life together has ended, however long the marriage has lasted (Article L. 423-3 of the CESEDA); for the 10-year residence card of the spouse of a French national, if the couple stopped living together within 4 years of the marriage (Article L. 423-6); for family reunification, within 3 years of the authorisation (Article L. 423-17). Past those 4-year (residence card) and 3-year (family reunification) periods, or in cases of domestic violence or the spouse's death, the permit can no longer be withdrawn on that ground; a child born of the marriage also protects a residence card holder, and length of residence and ties to France are only factors the authorities take into account.

For the spouse of a French national, it depends on the permit held. The temporary permit is only renewed if the marriage and life together continue, however long the marriage has lasted. The 10-year residence card, available after three years of marriage, can no longer be withdrawn for the couple no longer living together once four years of marriage have passed. For family reunification, the permit can no longer be withdrawn on that ground more than three years after the authorisation. Domestic violence and the death of the spouse rule out withdrawal regardless of the length of the marriage.

No, in principle. A foreign parent of a minor French child living in France who has genuinely contributed to the child's upkeep and upbringing since birth, or for at least two years, can obtain a "private and family life" residence permit (Article L. 423-7 of the CESEDA), independent of the marriage and therefore of the divorce.

They cannot withdraw it themselves: only the local prefect (préfet) decides. The French spouse may report the end of the couple's life together to the préfecture; the authorities then assess whether the conditions for withdrawal or non-renewal are met (for the spouse of a French national, the end of the marriage or of life together for a temporary permit, whatever the length of the marriage, or the couple stopping living together within 4 years of the marriage for a residence card; for family reunification, within 3 years of the authorisation), and whether an exception applies (violence, the spouse's death or, for a residence card, a child born of the marriage); a French child or long-standing ties in France can only support an application for another permit, assessed case by case.

Annulment of a marriage (a marriage of convenience, or a defect in consent) is more serious than a divorce: it erases the marriage retroactively. The "private and family life" permit obtained on that basis can be withdrawn, and a fraudulent marriage is a criminal offence. However, a foreign spouse acting in good faith (a "putative marriage") is not accused of fraud and keeps the effects the marriage has already produced, but a permit based on the annulled marriage cannot be renewed: another ground must then be relied on, such as a French child or domestic violence.