Getting married or entering into a PACS with your same-sex partner can unlock a powerful path to legalise your stay in France—even if you are currently undocumented. Since the 2013 loi Taubira opened marriage to all couples, French immigration rules have gradually updated to guarantee equal treatment. In 2025, the Code de l’entrée et du séjour des étrangers et du droit d’asile (CESEDA) gives spouses and, under certain conditions, PACSed partners the right to apply for a residence card called “Vie privée et familiale” (VPF). This guide breaks down every legal step, from booking the town-hall ceremony to filing your prefecture application, with a focus on issues same-sex couples face when one partner lacks legal status.
1. Can Marriage or PACS Really Regularise an Undocumented Partner?
Yes—provided you meet specific criteria:
- Marriage to a French citizen (CESEDA L.423-1): the foreign spouse can request a VPF card regardless of prior overstay, as long as the marriage is genuine and the couple lives together in France.
- Marriage to a foreigner already holding lawful residency (CESEDA L.423-7): possible, but you must usually exit and apply for a visa unless there are “exceptional humanitarian grounds.”
- PACS with a French citizen (CESEDA L.423-4): the foreign partner must prove at least 1 year of common life in France at the time of filing (six months in some prefectures). Overstay is tolerated if the couple’s life together is well documented.
Because both tracks fall under regularisation for family life, prefectures cannot impose labour-market tests or nationality quotas. They do, however, verify the authenticity of the relationship and your integration into French society.
2. Marriage vs PACS: Which Route Is Better for Same-Sex Couples?
Feature | Civil Marriage | PACS | Concubinage/De Facto |
---|---|---|---|
Right to apply while undocumented | Yes, immediately after ceremony | Yes, after 6–12 months of cohabitation | Rarely—only after ≥ 5 years plus strong ties |
Residence card issued | VPF (1-year, renewable) | VPF (1-year, renewable) | VPF discretionary |
Risk the prefecture may request exit/visa | Low | Moderate | High |
Path to 10-year card | After 3 years of stable marriage + community of life | After 3 years of PACS + community of life | After 5 years of proven life together |
Path to French citizenship | 4 years (can drop to 12 months with military service) | 5 years | 5 years + proof of exceptional integration |
Key takeaway: Marriage offers the fastest and most secure regularisation path, but a well-documented PACS is a solid alternative when marriage is not desired or impossible due to foreign documents.
3. Step-by-Step Roadmap
3.1 Obtain Civil-Status Documents From Abroad
- Birth certificate < 6 months old. In many countries, same-sex partners still cannot request marriage-related documents. Prefectures now accept consular attestations or court orders when standard extracts are refused.
- Certificate of no impediment (or local equivalent).
- All documents must be apostilled or legalised and translated by a sworn translator.
Tip: If your home country criminalises same-sex marriage, ask ImmiFrance about alternate proofs accepted by French civil registrars.
3.2 Book the Ceremony or PACS Appointment
- City-hall marriage: File a marriage dossier in the commune where at least one partner has “sufficient links” (residence or family). Expect a banns-period of 10 days.
- PACS at the mairie or notary: Simpler paperwork but strict proof of joint residence (EDF bill, lease) is required.
3.3 Build Your Immigration File
Most prefectures publish a checklist; here is a consolidated version updated July 2025:
- Ceremonial certificate (acte de mariage or PACS certificate)
- Copy of the French partner’s ID (CNI or passport)
- Passport of the foreign partner (all stamped pages; entry visa if any)
- 4 photos meeting ANTS biometric standards
- Complete CERFA 15662 VPF application form
- Proof of joint residence (lease, EDF, joint bank, recent taxes)
- Evidence of community of life: joint trips, photos, social media, children, insurance
- Integration proofs: French classes certificates (see our guide on free mairie lessons), tax returns, employment contracts
- €225 fiscal stamp (2025 rate)
Attach copies and bring originals. If you recently lost a prefecture letter, see our article on reconstructing proof of notification.
3.4 Secure a Prefecture Appointment
Since most prefectures moved to the ANEF portal, slots appear unpredictably. Use these tactics:
- Refresh ANEF after midnight and at 14:00 CET when new slots drop.
- Follow ImmiFrance’s real-time alerts or check the 2025 strike calendar.
- If no slot appears within 30 days, send a courrier RAR (registered letter) to stop illegal-stay penalties.
3.5 Day-of Filing
- Arrive as a couple; interviews are common in mixed-status or short-relationship cases.
- Biometric capture → récépissé valid 6 months = legal stay + work authorisation.
- Expect home visits by police in suspected sham-marriage cases.
3.6 Decision Timeline and Next Steps
Prefectures have four months to answer. Silence = implicit refusal that can be appealed. Positive outcome: 1-year VPF card. Renew annually until you qualify for a 2- or 10-year card.
If you receive a refusal or, worse, an OQTF, act fast—deadline is 30 days (15 days if “48h” OQTF). Our detailed OQTF guide covers emergency appeals.
4. Special Challenges for Same-Sex Couples
- Foreign documents lacking gender-neutral wording. Request French-language attestations from your embassy or provide a notary statement.
- Families opposed to the union. French law removed parental consent; however, threats or forced outing can justify secrecy when gathering documents.
- Country criminalises homosexuality. Prefectures may waive exit-visa requirements as per CESEDA R.423-3 “exceptional humanitarian grounds.”
- Adoption or surrogacy abroad. Provide full adoption decree; surrogacy is scrutinised but no longer automatic grounds for refusal after the 2024 Cour de cassation ruling.
5. Renewal, Long-Term Residence and Citizenship
- Renewal: Provide updated joint proof and new tax return.
- 10-year carte de résident: After 3 years of stable union + A2 French level + integration.
- Naturalisation: File after 4 years of marriage (5 years for PACS). The undocumented period before marriage is not a bar if taxes are settled and no criminal record exists.
6. Common Pitfalls to Avoid
- Entering fixed-term leases in only one partner’s name: you will struggle to prove joint residence.
- Failing to file taxes: even a €0 joint declaration strengthens the file—see our first-year tax guide.
- Inconsistent addresses on bank, EDF and phone bills. Prefectures cross-check metadata.
- Relying solely on photos or WhatsApp chats; they must complement official proofs, not replace them.
Frequently Asked Questions
Can we apply immediately after a town-hall marriage? Yes. Bring the original acte de mariage and at least one joint proof of residence (recent EDF bill). No minimum cohabitation is required when the spouse is French.
What if my passport is expired or missing? Prefectures accept a consular laissez-passer or a certified copy plus a loss report (déclaration de perte). Renew it quickly to avoid delays.
Will the prefecture contact my family abroad? Only in fraud-suspicion cases. For same-sex couples from hostile countries, provide a sworn statement explaining the risk; prefectures rarely insist.
Can I travel outside France while waiting? A récépissé allows Schengen travel under the 90/180 rule but not re-entry into your origin country if you fear persecution.
Is PACS enough if we have a child together? Yes. Having a French child can also justify a VPF under CESEDA L.423-2, even without a PACS.
Ready to Start Your Regularisation Journey?
ImmiFrance has helped hundreds of same-sex couples secure VPF cards with a 96 % success rate. Our bilingual advisers will:
- Audit your eligibility and document gaps
- Create a prefecture-specific checklist
- Monitor appointment slots 24/7
- Draft persuasive cover letters citing the latest CESEDA articles
- Connect you with LGBTQ-friendly lawyers for appeals
Book your free 15-minute evaluation today at ImmiFrance.com and take the first concrete step toward living openly and legally in France.