#2026-454France adapts immigration and asylum rules to the EU Migration and Asylum Pact
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This decree updates France’s immigration and asylum code to align parts of it with the EU Migration and Asylum Pact. It creates a right for certain family members to visit foreign nationals held in a waiting zone under the new EU rules, and it gives border and prefecture authorities powers to hold travel documents in specific refusal-of-entry cases. It also changes how asylum requests are received and routed, including requests made by people in prison. The practical impact is mainly on border authorities, prefectures, asylum support bodies, prison administrations, and foreign nationals seeking entry or asylum in France.
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Key Changes
- Allows eligible family members to visit foreign nationals held in French waiting zones under EU migration rules
- Authorizes border and prefecture authorities to hold passports or travel documents in certain refusal-of-entry cases, with a receipt and prompt return if the person gives up entry
- Updates the authorities and procedures for receiving and routing asylum requests, including requests made in prison
Obligations
What this law requires
Allow a foreign national held in a waiting zone under Regulation (EU) 2024/1349 to receive visits from family members covered by Article 2(3) of Directive (EU) 2024/1346.
When retaining the passport or travel document of a foreign national refused entry at an external border or not authorised to enter under Regulations (EU) 2024/1356 and 2024/1348, provide the person with a receipt that serves as proof of identity and states the retention date and return procedures.
Return the retained passport or travel document without delay to a foreign national who gives up entering French territory.
Receive asylum applications through the Office français de l'immigration et de l'intégration and legal persons delegated missions under Article L. 550-2, in addition to the authorities listed in Article 4(2) of Regulation (EU) 2024/1348.
When an authority receives an asylum application, inform the registration authority under the conditions provided in Article 27(3) of Regulation (EU) 2024/1348.