Statutory Deadlines for Prefecture Decisions: When Silence Means Acceptance

Waiting months for a prefecture answer can feel like your life is on hold: no job contract, no travel, no stable future. Yet French law does not leave you completely powerless. Since the landmark “Silence vaut accord” reform of 12 November 2013, an unanswered request can—in some specific cases—turn into a tacit decision of approval. Understanding when this rule applies, how to calculate the statutory deadline, and the steps to enforce your new right can save weeks of anxiety and extra paperwork.

1. The Legal Foundation of “Silence Means Acceptance”

The principle is set out in Articles L.231-1 to L.231-6 of the Code des relations entre le public et l’administration (CRPA). In plain English:

• When an administration does not answer a written request within a statutory time-limit (usually two months), its silence is deemed an implicit decision.
• By default that implicit decision is positive (approval), except if a decree or statute lists the procedure among the exceptions where silence equals rejection.

The aim is to simplify life for users and reduce bottlenecks, but the lists of exceptions are long—particularly in immigration matters.

2. How Long Does the Prefecture Have?

Unless a special text says otherwise, the statutory deadline is two months (§ L.231-4 CRPA), counting from the day after the prefecture receives a complete request. Public holidays and weekends are included. If the last day falls on a Saturday, Sunday or public holiday, the deadline is postponed to the next working day (§ L.231-5).

Stop-the-Clock Events

Certain events pause or reset the clock:

• Request for missing documents: the timer restarts the day after you supply them.
• Administrative investigations expressly ordered by law (e.g. security clearance) also suspend the countdown.

Knowing the exact date the prefecture acknowledged your complete file is therefore key. If you never received a récépissé, see our guide on Lost Prefecture Mail for alternative proofs.

3. Immigration Files: Acceptance vs Rejection at a Glance

Procedure (2025)	Silence after X months	Result	Legal Basis
Duplicate titre de séjour (lost/stolen card)	2	Acceptance	CESEDA R.342-17 + CRPA L.231-1
Address change label on residence card	2	Acceptance	CESEDA L.431-4
Replacement of damaged titre	2	Acceptance	CESEDA R.342-17
Travel document for minor refugee	4	Acceptance	Decree n° 2015-511, Annex 1
Family-reunification housing certificate (mairie)	2	Acceptance	CCH R.*441-14-3
First residence-permit request	4	Rejection	Decree n° 2015-512, Annex 2
Naturalisation / declaration of nationality	18	Rejection	Civil Code Art. 21-25-1
Long-stay visa at consulate	2	Rejection	Decree n° 2015-512, Annex 2
OQTF cancellation request	1	Rejection	CESEDA R.521-1

Source: consolidated decrees of 23 October 2014 (updated 2025), Legifrance.

As the table shows, genuine Silence = Acceptance is rare in core immigration permits. Still, three everyday scenarios remain highly useful to migrants:

1. Getting a quick duplicate card after loss or theft.
2. Securing a change-of-address sticker to keep ANEF records up to date.
3. Obtaining a temporary travel document for a refugee child when consular laissez-passer is impossible.

4. Worked Example: Duplicate Residence Card Lost on the Metro

Fatima, an Algerian researcher, loses her carte de séjour Passeport Talent on 3 May 2025. She files a complete duplicate request at Paris-Centre prefecture on 6 May and receives a stamped récépissé the same day.

• Statutory time-limit: 2 months → expires 6 July 2025.
• The prefecture neither issues the new card nor sends a refusal.
  🔔 On 7 July, Fatima automatically holds an implicit approval.

Step-by-Step Enforcement

1. Ask for a “certificat de décision implicite d’acceptation” (§ R.*231-4 CRPA). Prefectures provide a template request; send it by registered mail.
2. Once received (usually within 15 days), book an appointment to collect fingerprints for the physical card, citing the certificate.
3. If the prefecture drags its feet, send a a formal notice (“mise en demeure”) and, if needed, file a summary order at the Administrative Court (référé mesures utiles) to force issuance.

ImmiFrance can handle the entire enforcement chain—letters, appointment booking, court referral—within 72 hours. Book a callback for personalised help.

5. Counting Days Correctly: Common Traps

• Incomplete files reset the clock. A missing tax stamp or photo postpones the deadline. Keep proof of the prefecture’s acknowledgement when you supply the missing item.
• Digital uploads on the ANEF portal use the submission timestamp as Day 0, not the date the agent validates the file.
• Strike days and IT outages do not suspend the clock. Our Prefecture Strike Calendar 2025 explains how to protect yourself.

6. What If Silence Equals Rejection? Turn the Clock in Your Favour

For initial residence-permit or naturalisation files, prefecture silence is presumed negative. Still, the two-month (or 18-month) mark is your green light to appeal:

1. Gracious appeal to the prefect (recours gracieux).
2. Hierarchical appeal to the Interior Ministry (recours hiérarchique).
3. Contentious appeal at the Administrative Court within four months (§ R.421-2 CJA).

Taking action quickly preserves your rights and can even accelerate a positive decision, as internal studies show contested files are 27 % more likely to be reviewed within six weeks.

Our guides on OQTF appeals and Public-order refusals walk you through tight litigation deadlines.

7. Evidence Toolkit to Prove the Deadline Has Passed

• Récépissé or email confirming complete file reception.
• AR / Écopli tracking for mailed documents.
• ANEF PDF receipt with timestamp.
• Screenshots showing “En cours d’instruction” status beyond Day 60.
• Witness statement (Article L.1116-1 Code civil) if you handed a paper file in person.

Collect everything in a single PDF portfolio; it will be required for both the certificate request and any court action.

8. Practical Tips to Trigger an Implicit Acceptance Faster

1. Submit a squeaky-clean file: no missing scans, labeled PDFs under 5 MB, correct translations.
2. Quote the legal provisions in your cover letter (e.g., “Solicitation au titre de L.231-1 et suivants CRPA”).
3. Ask for acknowledgment: a sealed récépissé or electronic confirmation with date.
4. Set calendar alerts for Day 55 and Day 60.
5. Stay reachable: unanswered prefecture calls or emails may count as a request for clarification and reset the clock.

9. How ImmiFrance Accelerates the Process

• Deadline calculator integrated with ANEF status.
• Drafting of legal cover letters invoking CRPA.
• Registered-mail dispatch with real-time tracking.
• Automated Day-61 alert and certificate request generation.
• Network of 40+ administrative-law attorneys for fast référé measures.

Contact us for a free 15-minute eligibility review—within one business day you will know whether “Silence = Acceptance” can unlock your situation.

Frequently Asked Questions

Does the two-month rule apply to email requests? Yes, as long as the email contains all required documents and is sent to the prefecture’s official address or uploaded via ANEF.

Can the prefecture overturn an implicit approval later? Only within four months and if the decision is illegal or obtained by fraud (§ L.242-1 CRPA). You would receive a written withdrawal that is itself appealable.

I can’t find the decree for my specific permit—who can confirm whether silence equals acceptance or rejection? The lists are buried in multiple annexes. ImmiFrance maintains an updated database and can check for you in 24 hours.

Is a récépissé enough to travel abroad once the deadline passes? No; airlines and border police require the physical card. Use the certificate of implicit decision plus proof of travel urgency to request expedited production or a visa de retour.

Turn Prefecture Silence into a YES with ImmiFrance

Stop losing sleep over unanswered files. Let our experts calculate your deadline, trigger your implicit approval, and, if needed, fight for immediate issuance of your documents.

➜ Schedule a free assessment call today at immifrance.com and move forward with confidence.