Cabinet Kohen Avocats · Paris

Maître Reda KOHEN intervient en droit immobilier, droit des sociétés et droit des affaires à Paris. Première analyse offerte, réponse personnelle sous 24 heures.

100 % confidentiel · Secret professionnel · Sans engagement

Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

French Long-Stay Visitor Visa Refused: How British Citizens Can Appeal

Receiving a refusal of a French long-stay visitor visa is a serious setback, but it is not the end of the process. A British citizen who intends to live in France for more than 90 days must show why the stay is genuinely long-term, how it will be funded, where it will take place and why it will not become undeclared work. A refusal can often be challenged when the consulate misunderstood the evidence, applied the wrong category, overlooked a document or gave a reason that the file can properly answer.

This guide concerns the visitor route for a British passport holder moving to France after Brexit. It separates the visa needed before entry from the residence card requested after arrival, and it distinguishes a new applicant from a person protected by the EU–UK Withdrawal Agreement. It explains the mandatory appeal to the Commission de recours contre les décisions de refus de visa d’entrée en France (the commission that reviews French visa refusals, known as the CRRV), the 30-day deadline and the possible application to the Administrative Court of Nantes. It does not cover the purchase of French property or the creation of a company. Those are separate legal projects and should not be used as substitutes for a coherent visitor-visa file.

I. Why was my French long-stay visitor visa refused?

A. What status does a British citizen need after Brexit?

The first question is not whether a British citizen owns a house in France or has visited the country for many years. The first question is the legal basis for the intended stay. A person travelling on a British citizen passport can normally enter the Schengen area, including France, without a visa for short visits of up to 90 days in any rolling 180-day period. The current GOV.UK entry guidance for France confirms that rule and explains that time spent in other Schengen countries counts as well. It also warns that an overstay can lead to a Schengen entry ban. A short visit cannot be extended simply because the traveller owns a French home, has family in France or has already booked a return journey much later.

A person who wants to remain for more than three months generally needs a French visa de long séjour, meaning a long-stay visa, before entering France. Article L. 312-2 of the Code de l’entrée et du séjour des étrangers et du droit d’asile (the French Code on the entry and residence of foreign nationals, or CESEDA) states:

« Tout étranger souhaitant entrer en France en vue d’y séjourner pour une durée supérieure à trois mois doit solliciter auprès des autorités diplomatiques et consulaires françaises un visa de long séjour dont la durée de validité ne peut être supérieure à un an. »

In English, that provision requires a foreign national who wants to enter France to stay for more than three months to request a long-stay visa from the French diplomatic or consular authorities. The same article identifies the visitor category among the purposes for which a long-stay visa may be issued. Read the current wording of CESEDA Article L. 312-2 on Légifrance before filing, because immigration provisions and administrative instructions can change.

The route is different for a British citizen who was already exercising residence rights in France before the end of the transition period and who falls within the EU–UK Withdrawal Agreement. That person may hold a specific Withdrawal Agreement residence document and may not need a visitor visa to preserve that established status. A document under the Withdrawal Agreement is not, however, a general permission for a person who is now moving to France for the first time. The France-Visas Brexit guidance explains the distinction. A refusal can therefore result from choosing the visitor route when the applicant should prove a protected residence history, but it can also result from assuming that a pre-Brexit connection still removes the need for a visa when it does not.

For a new applicant living in the United Kingdom, the application should follow the current France-Visas process and the instructions of the French consular authority responsible for the applicant’s place of residence. The London, Manchester or Edinburgh submission arrangements, appointment rules and document checklist must be checked on the official portal at the time of filing. A British citizen should not rely on a blog written before Brexit, an old visa sticker, a previous 90-day visit or advice meant for an EU national. The consulate assesses the application that is before it, not an informal plan to regularise matters after arrival.

The visitor category is also narrower than the ordinary English word “visitor” suggests. It is designed for a person who will live in France without carrying out a professional activity there. Retirement, private means, family life, a sabbatical or a period of personal settlement may be relevant, but the file must describe the actual purpose and the financial reality. A person who intends to work remotely for a UK employer, run a business from France, provide services to French clients or manage a commercial operation may need a different immigration and tax analysis. Calling that project a visit does not cure the mismatch. The existing article on the 90-day rule and long-stay options for British citizens in France is useful for the entry-stage overview; this article deals with the narrower problem of a refusal.

Finally, the visa is not the same document as the later residence permission. A long-stay visa may authorise entry and the first period of residence. Depending on its form, the holder may need to validate it or apply for a residence card after arrival. A refusal before entry is challenged through the visa-refusal procedure. A later refusal by a prefecture of a carte de séjour, meaning a residence card, follows a different administrative and judicial route. Mixing those two stages can cause an applicant to send the wrong appeal to the wrong authority.

B. Which refusal reasons are legally challengeable?

A refusal letter should be read line by line. The reason may be expressed through a standard box, a short sentence or a reference to an incomplete file. The legal response depends on the precise reason, the documents actually submitted and the chronology. A new application can be appropriate in some cases, but a new application does not replace the mandatory CRRV appeal when the applicant intends to challenge the refusal.

The core visitor conditions appear in Article L. 426-20 CESEDA. The provision says:

« L’étranger qui apporte la preuve qu’il peut vivre de ses seules ressources, dont le montant doit être au moins égal au salaire minimum de croissance net annuel, se voit délivrer une carte de séjour temporaire portant la mention ” visiteur ” d’une durée d’un an. »

It adds:

« Il doit en outre justifier de la possession d’une assurance maladie couvrant la durée de son séjour et prendre l’engagement de n’exercer en France aucune activité professionnelle. »

This is the statutory framework for the temporary visitor residence card, but it is also an important guide to the evidence expected at the visa stage. The full text of Article L. 426-20 CESEDA confirms that the card does not authorise professional activity in France. The Service-Public visitor residence guidance currently gives a single applicant’s resource benchmark of €1,477.93 net per month, or €17,735.19 over a year. Treat that figure as a live administrative benchmark to verify before filing, not as permission to submit a bank statement without explaining its origin, regularity and availability.

Resources are often the first weakness. The consulate may see a balance in a savings account but not understand that the money is accessible for the whole stay. It may see pension income but not see the award letter, payment history or evidence of annual increases. It may see a house in France but no liquid funds for food, insurance, transport and ordinary living costs. A British applicant should explain sterling accounts, exchange-rate risk, pension dates, rental income, investments and any transfer between accounts. The file should make clear whether the resources belong to the applicant alone, whether they are net or gross, whether they are recurring or exceptional and whether a third party is expected to support the stay.

Insurance is a separate issue. A general travel policy for a two-week holiday may not cover the entire intended long stay, routine medical costs or the conditions requested by the French authorities. The policy certificate should identify the insured person, the dates, territorial cover, medical and hospital cover, exclusions and the method for extending or replacing the cover. If a spouse or family member is relied on for a different immigration category, that does not automatically remove the visitor applicant’s own obligation. In CAA Nantes decision no. 22NT01552 of 30 November 2023, the court treated full-period medical and hospital insurance as relevant to a long-stay visitor application even though the applicant referred to a spouse in France. The official case summary records the distinction between the visitor route and family-reunification routes.

The related CAA Nantes decision no. 22NT01553 of 20 July 2022 is useful for the same boundary: relying on a family connection does not automatically dispense a visitor applicant from proving the conditions of that category. The case concerned an Iranian applicant, not a British citizen, so it is not a Brexit decision. Its value is the legal distinction between the purpose of a visa and the conditions attached to the visa requested. An appeal should use the reasoning by analogy, not present the foreign nationality or facts as if they were the applicant’s own facts.

The purpose of the stay can also be challenged. In Conseil d’État decision no. 449990 of 7 November 2022, concerning a long-stay visitor application, the court stated:

« L’étranger désirant se rendre en France et qui sollicite un visa de long séjour en qualité de visiteur doit justifier de la nécessité dans laquelle il se trouve de résider en France pour un séjour de plus de trois mois. »

The Conseil d’État then held that, in the absence of a specific rule fixing every refusal ground, the authorities have a broad margin of assessment, subject to judicial review, and may consider public-order or general-interest reasons. That does not mean a refusal is immune from challenge. It means the appeal must demonstrate why the evidence proves a real stay of more than three months and why the stated concern does not fit the actual file. A vague statement that France is a preferred holiday destination is weaker than a coherent account of a defined twelve-month residence, accommodation, health cover, finances and the applicant’s continuing links outside France.

Consulates may also suspect a diversion of the visa’s purpose. That concern arises when the applicant says “visitor” but the documents show employment, a French business project, repeated border runs, an intended permanent family reunification route or an intention to spend most of the year working. A refusal based on that concern should be answered with a precise legal explanation of what the applicant will and will not do. A promise not to work is more credible when the file also shows how work will stop, who will manage a UK business, how income will be received and why the stay remains financially possible.

Previous immigration history needs its own review. A past overstay, removal order, false document allegation, visa refusal or unexplained absence can alter the assessment. Article L. 312-1 A CESEDA addresses certain visa refusals after an obligation to leave France, known as an obligation de quitter le territoire français or OQTF, where the person has not shown departure within the relevant period. The statutory text contains exceptions and the facts matter, so a British applicant with any OQTF or border incident should read the current Article L. 312-1 A CESEDA and obtain a file-specific review. Do not describe an old departure as voluntary if the records do not support that description.

Common refusal problems can be grouped into four questions:

  • Does the applicant have enough accessible, lawful and clearly explained money for the full stay?
  • Does the insurance cover the applicant and the whole period requested, with no unexplained gap?
  • Does the evidence show a visitor stay with no professional activity in France?
  • Does the chronology prove why a long stay is needed and why the applicant will comply with the visa?

The strongest appeal answers each question with a document and a short explanation. The goal is not to send a larger pile of papers. It is to identify the exact factual assumption behind the refusal and replace it with evidence that can be checked.

II. How do I appeal a refused French visitor visa?

A. How do I file the CRRV appeal within 30 days?

For a refused long-stay visa, the first appeal is a recours administratif préalable obligatoire, meaning a mandatory prior administrative appeal. It is normally addressed to the CRRV. Article D. 312-3 CESEDA provides:

« Une commission placée auprès du ministre des affaires étrangères et du ministre de l’intérieur est chargée d’examiner les recours administratifs contre les décisions de refus de visa de long séjour prises par les autorités diplomatiques et consulaires. »

The same provision makes the prior appeal a condition of bringing the case before the administrative court. The current Article D. 312-3 CESEDA should be read with the current Service-Public and consular filing instructions. The CRRV postal details shown by the official directory are: CRRV, BP 83609, 44036 Nantes Cedex 1. Administrative addresses and filing instructions should always be checked immediately before dispatch.

Article D. 312-4 fixes the critical deadline:

« Les recours administratifs doivent être formés dans un délai de trente jours à compter de la notification de la décision de refus de visa. »

Read the full Article D. 312-4 CESEDA and calculate the date from the notification that can be proved. Keep the refusal email, the passport collection notice, the TLScontact or consular communication, the refusal form and the envelope or electronic metadata. If the refusal was collected in person, record the collection date. If it arrived electronically, preserve the original message rather than only a screenshot.

A practical CRRV submission should contain a signed letter identifying the applicant, nationality, passport, consular application reference, date of refusal, requested visa category and intended dates. It should state that the applicant seeks withdrawal of the refusal and issuance of the long-stay visitor visa, or at least a fresh examination of the application. It should respond to every refusal ground in the same order as the decision. It should not bury the principal argument under general statements about loving France or owning a holiday home.

For a British applicant, a useful evidence schedule can look like this:

Issue in the refusal Evidence to organise Point the appeal must explain
Insufficient resources UK pension or benefit award, bank statements, investment statements, tax records, regular income and a sterling-to-euro calculation Which money is available, how it will fund the entire stay and why it is not a temporary balance
Unclear accommodation French lease, ownership evidence, host documents, address history and proof of the right to occupy Where the applicant will live from arrival and whether the accommodation matches the requested period
Insurance gap Full policy schedule, certificate, territorial wording, medical and hospital cover, start date and end date Why cover continues without a gap and meets the long-stay requirement
Risk of work Statement of no professional activity, UK employer documents if relevant, business management arrangements and proof of retirement or leave Why the stay is genuinely non-working and why no French work authorisation is being avoided
Purpose not established Chronology, accommodation, family commitments, health or retirement plan, return links and a month-by-month outline Why more than three months in France is the real plan rather than repeated short visits
Immigration history Previous visas, entry and exit records, residence cards, OQTF papers and proof of departure where applicable What happened, what was complied with and why the current application is legally different

Documents issued in English may need to be accompanied by a French translation or presented in the format requested by France-Visas. A translation should be consistent with the original figures and dates. If a document uses pounds sterling, identify the exchange rate and date used for the calculation, then explain that the underlying asset remains subject to exchange-rate movement. If the applicant has several accounts, provide a short consolidated schedule rather than making the reader reconstruct the finances from dozens of pages.

The appeal should also preserve the applicant’s legal position. It should not accidentally admit that the applicant intends to work, remain permanently without the required status or use the visa to join a spouse under a family route. If the true objective has changed since the application, the right response may be a new category rather than an argument that the old category was correct. Conversely, an applicant should not abandon a valid appeal merely because the refusal uses a generic sentence; the CRRV can be asked to consider the detailed evidence and the absence of a lawful reason to maintain the refusal.

Send the appeal in a way that produces proof of dispatch and delivery. Keep a complete PDF of the letter and every annex, a numbered index, the postal receipt, the tracking record and any acknowledgement. The deadline protects the right to challenge the refusal; it does not wait for a perfect translation or a new bank statement. If a document will follow, file the appeal on time and explain the supplement rather than allowing the 30-day period to expire.

The CRRV may reject the appeal or recommend that the requested visa be granted. Article D. 312-5-1 CESEDA states:

« La commission peut soit rejeter le recours, soit recommander au ministre des affaires étrangères et au ministre de l’intérieur d’accorder le visa de long séjour sollicité. »

It also allows the president to reject a clearly inadmissible or clearly unfounded appeal without convening the commission. That wording appears in the current Article D. 312-5-1 CESEDA. The practical consequence is that the first submission should be decision-ready. An appeal that merely says “please reconsider” leaves the authority with no reason to change the outcome.

B. What happens after the CRRV and can I go to Nantes urgently?

Do not assume that silence means the application is progressing. For refusals covered by the current procedure, the CRRV’s silence after the applicable period can create an implied rejection that takes over the consular decision. The change in treatment of reasons was examined by the Conseil d’État in decision no. 468836 of 21 April 2023. The court stated that consular visa refusals must be reasoned and that the prior administrative refusal must also be reasoned. It also examined the situation where the implied CRRV decision is treated as adopting the reasons of the initial decision. This matters when the refusal letter is vague: the applicant should preserve a request for reasons and explain why the identified grounds are inadequate, rather than waiting for an informal telephone answer.

After a rejected CRRV appeal, the judicial route is an application to the Administrative Court of Nantes. Article R. 312-6 of the Code of Administrative Justice provides:

« La personne dont le recours a été rejeté par le sous-directeur des visas, la commission mentionnée à l’article D. 312-3 ou, lorsque celle-ci a émis une recommandation en application de l’article D. 312-5-1, par le ministre des affaires étrangères ou le ministre de l’intérieur, peut demander au tribunal administratif l’annulation de cette décision dans les délais prévus par les articles R. 421-1 et R. 421-2 du code de justice administrative. »

The operative rule is that a person whose CRRV appeal has been rejected may ask the administrative court to annul that decision within the ordinary judicial time limits. Read the current Article R. 312-6 CESEDA and check the date on the CRRV decision or the legally relevant implied decision. The competent court is identified by Article R. 312-18 of the Code of Administrative Justice:

« Les litiges relatifs aux décisions individuelles prises en matière d’autorisations de voyage et de visas d’entrée sur le territoire de la République française relevant des autorités consulaires ressortissent à la compétence du tribunal administratif de Nantes. »

The official text of Article R. 312-18 is the relevant jurisdictional reference. A British applicant in London does not file the judicial appeal in London, Paris or the applicant’s future French département merely because the visa interview took place there. The visa litigation is centralised in Nantes.

The court will not simply re-run the application as a general immigration interview. The claim must identify legal errors, factual errors, inadequate reasoning, failure to consider a document, disproportionate assessment or another ground supported by the record. The decision no. 449990 illustrates the difficulty and the opportunity: the Conseil d’État accepted a broad assessment of the need for a stay longer than three months, but it also confirmed that this assessment remains subject to judicial control. The appeal therefore needs a structured account of why the refusal’s inference is wrong, not only a statement that the applicant disagrees.

Urgent interim relief may be possible where the planned stay has a real and immediate consequence, but it is not an automatic fast visa. An urgent application is usually linked to the main claim and must explain both the urgency and the serious legal doubt. A holiday booking alone is unlikely to establish the same urgency as a fixed medical programme, a time-limited family event, an expiring accommodation arrangement or another documented consequence. Even if the judge orders a fresh examination, the administration may still need to take a new decision. The evidence must therefore be ready for the main case as well as the urgent application.

There are three strategic choices after a refusal:

  1. Appeal the existing refusal. This is appropriate when the refusal is legally or factually wrong, the 30-day deadline is open and the original category matches the true plan.
  2. Submit a corrected application while protecting the appeal. This can be sensible when a missing insurance certificate or financial document can be cured, but the two procedures must be tracked separately. A new application does not automatically revive an expired CRRV deadline.
  3. Change the immigration category. This is necessary when the applicant actually intends to work, join a spouse, study, operate a business or rely on a protected Withdrawal Agreement right. Re-labelling the same project as a visitor stay creates a credibility problem.

Before taking any of those routes, build a dated chronology. Include the intended departure date, application date, appointment, refusal notification, 30-day appeal deadline, date the CRRV appeal was sent, acknowledgement, the date on which silence may become a rejection and the judicial deadline. Put every document against that timeline. British applicants frequently have evidence split between UK and French systems: pension records from a UK provider, tax material from HMRC, a French lease, a French insurance certificate and border records from several Schengen trips. A single chronology helps the authority understand that the evidence belongs to one plan.

Check the passport separately. The GOV.UK guidance explains the Schengen passport validity rules and confirms that France sets and enforces its own entry requirements. A long-stay visa appeal cannot cure an invalid or unavailable passport. If the passport was renewed after the application, send the new details in the form requested by the authority and keep the old passport evidence if it proves travel history. Do not travel on the assumption that a pending CRRV appeal suspends the 90-day limit or authorises entry.

The most common avoidable errors are missing the 30-day period, addressing the court before completing the CRRV stage, submitting an insurance policy that ends early, counting a gross pension as net disposable income, leaving unexplained transfers between accounts, using a generic cover letter, treating a second home as proof of residence, or presenting work activity as a harmless side issue. Each error can be corrected only if it is identified early enough. The refusal, application form and refusal reasons should be reviewed together before any appeal is signed.

For the British desk, the practical message is straightforward: Brexit changed the entry framework, but it did not remove the need for a legally coherent visitor case. The file must show a genuine long stay, sufficient resources, full insurance and no unauthorised work. The appeal must then follow the French sequence: CRRV first, Nantes next if necessary, and urgent relief only when the evidence supports it. The official texts linked above give the framework; the applicant’s own documents determine whether the refusal can be overturned.

Conclusion

A French long-stay visitor visa refusal should be treated as a deadline-driven legal problem, not as a routine customer-service complaint. A British citizen must first confirm that the visitor category is the correct route after Brexit and that no Withdrawal Agreement or family, work or study route applies. The appeal should then answer the refusal reason with an organised financial, insurance, accommodation and purpose file.

The CRRV appeal must normally be formed within 30 days of notification. Keep proof of filing, monitor the response and calculate the judicial deadline rather than waiting indefinitely. If the CRRV maintains the refusal, the Administrative Court of Nantes is the competent court for the visa dispute. A carefully prepared appeal cannot guarantee a visa, but it can turn a generic refusal into a focused examination of the evidence and the law.

Need a quick opinion on your case

Need an initial view of a refused French long-stay visitor visa? You can arrange a telephone consultation within 48 hours with a lawyer from the firm.

We can review the refusal, the CRRV deadline, the visa category and the evidence needed to challenge the decision or prepare a stronger application.

+33 6 46 60 58 22contact the firm.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

What our clients say

kader ladjouzi
13 hours ago

Best real estate and business law attorney in Paris. A compassionate and attentive lawyer with a wonderful team. Thank you, Maître KOHEN

Translated from French

Janou SAMUEL
4 weeks ago

Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

Translated from French

Paul MALIK (powlo)
3 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

Translated from French

Reply from the firm

Legal advice is only valuable if it arrives on time — delighted to have been there when needed. Thank you for your kind words.

Rayan Kallout
4 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

Translated from French

Reply from the firm

The return of the security deposit is a more common rental dispute than one might think; glad that the situation was resolved quickly. Thank you for this feedback.

Naji Jouahri
4 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

Translated from French

Reply from the firm

Cases at the intersection of business law and real estate law require a comprehensive overview — that's the core of the firm's practice, from the initial meeting to the hearing. Thank you for this precise recommendation.

Halim Tunde
4 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

Translated from French

Reply from the firm

Collecting unpaid rent requires a procedure handled from start to finish, without downtime — glad to have seen yours through to completion. Thank you for this testimonial.

Cha
4 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

Translated from French

Reply from the firm

An irregular termination notice does not terminate a lease: delighted that the situation was resolved in a few days. Good luck with your studies.

Asmaa Maazaz
6 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

Translated from French

Reply from the firm

Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.