-5-
3. They are enrolled in an establishment operating in accordance with current statutory provisions
and regulations with the principal purpose of following a course of study or, within this
framework, a vocational training course, and can guarantee that they have health insurance
and sufficient resources for themselves and the members of their family, referred to in
paragraph 5 below, so as not to become a burden on the social assistance system;
4. If they are a direct descendant and are dependent or under the age of 21, a dependent direct
ascendant, a spouse or a spouse’s dependent direct ascendant or descendant accompanying
or joining a national who satisfies the conditions set out in paragraphs 1 and 2 above;
5. If they are a spouse or a dependent child accompanying or joining a national who satisfies the
conditions set out in paragraph 3 above.”
“Article L. 121-4-1
(as established by Act No. 2011-672 of 16 June 2011 – Section 22)
Provided that they do not become an unreasonable burden on the social assistance system,
citizens of the European Union and nationals of other States Party to the Agreement on the
European Economic Area or of Switzerland and members of their family as described in
paragraphs 4 and 5 of Article 121-1 shall be entitled to reside in France for a maximum period of
three months without fulfilling any other condition or formality than those that apply for admission
to France (…).”
“Article L. 511-3-1
(as established by Act No. 2011-672 of 16 June 2011 – Section 39)
The relevant administrative authority may, by means of a reasoned decision, require nationals of a
member State of the European Union, another State Party to the Agreement on the European
Economic Area or Switzerland or members of their family to leave French territory in the following
instances:
1. The persons concerned can no longer prove that they have a right of residence as provided for
in Articles L. 121-1, L. 121-3 or L. 121-4-1;
2. Their residence constitutes an abuse of rights. An abuse of rights occurs when periods of
residence of less than three months are renewed in order to stay in the country whereas the
requirements for a period of residence of more than three months have not been fulfilled.
Residence in France with the main aim of profiting from the social assistance system also
constitutes an abuse of rights.
3. During the three-month period following admission to France, the personal conduct of the
person concerned poses a genuine, present and sufficiently serious threat to one of the
fundamental interests of French society.
The relevant administrative authority shall take account of all the circumstances of such
persons’ situations, particularly the length of their residence in France, their age, their state of
health, their family and financial situation, their social and cultural integration in French society
and the strength of their ties with their country of origin.
Foreign nationals who are required to leave French territory are given thirty days following
notification to do so except in cases of emergency. In exceptional circumstances the
administrative authority may grant a period for voluntary departure of more than thirty days.
The order to leave French territory shall determine the country to which persons are sent in the
event of compulsory enforcement. (…)”
“Article L. 521-5-1
(as established by Act No. 2011-672 of 16 June 2011 – Section 63)
The expulsion measures provided for in Articles L. 521-1 to L. 521-3 may be taken against
nationals of a European Union member state, another State Party to the Agreement on the
European Economic Area or Switzerland, or a member of their family, if their personal conduct
poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests
of society.