French Court Rejects Moroccan National’s Request to Settle and Work

Born in 1977, the individual held a long-term EU residence card issued by Spanish authorities in June 2022 that remained valid until May 2026, according to reporting from Bladi. While the status granted travel privileges across European Union borders, it did not provide an automatic right to settle and work within France. Despite the restriction, the man lived in Perpignan alongside his wife and four children, operating a clothing sales business through a company capitalized at 1,000 euros.

Prefectural Rejection and Residency Violations in Perpignan

On April 9, 2024, the applicant submitted a request to the prefecture of the Pyrénées-Orientales seeking a residence card bearing the designation entrepreneur/liberal profession. The filing arrived well past the legal threshold. Having entered France on March 1, 2021, the application was lodged more than three years after his arrival. Under French regulations cited by Bladi, holders of a long-term EU residence card issued by another member state must file their application for a French residence permit within three months of entering the country.

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Responding to the delayed filing and regulatory breaches, the prefecture issued a formal refusal to regularize his status in February 2025. The administrative decision ordered his return directly to Spanish authorities, placed him under house arrest for a duration of 45 days, and imposed a two-year prohibition on circulating within France.

Financial Viability and Court Ruling at Toulouse

Beyond the timeline of his arrival, the applicant’s business earnings failed to meet statutory criteria for an independent entrepreneurial title. Financial disclosures showed his company registered a net profit of just 1,061 euros in 2022, followed by a net loss of 1,009 euros in 2023. Although an accountant claimed the venture generated 1,400 euros per month, the Toulouse Administrative Court of Appeal determined that the sum was inadequate to support a household of two adults and four children, three of whom remain minors, especially given that his wife did not work.

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Under French law, obtaining a local entrepreneurial residence card requires establishing that the economic activity is viable and capable of securing sufficient means of existence. In its ruling handed down on July 23, the court upheld the prefecture’s denial. The judges bypassed the initial dispute over the three-month filing deadline, concluding that the insufficiency of household resources alone fully justified the administrative ruling.

Family Considerations and Return to Spain

Legal arguments asserting that a return to Spain would infringe upon the best interests of his children were rejected by the court. Judges noted that the removal order did not fracture the family unit, as three of the children hold Spanish nationality. Furthermore, the court observed that no evidence indicated the children would be unable to continue their education upon returning to Spain.

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The existence of the Spanish-issued residency documents also provided the legal mechanism for French authorities to execute a direct handover to Spain rather than issuing an obligation to leave French territory destined for Morocco. The case underscores that possessing valid European residency from one member state does not bypass local immigration deadlines or financial viability thresholds required for long-term establishment in France.