An unaccompanied minor (UAM) in the care of child welfare services (aide sociale à l'enfance, ASE) sees their situation change once they turn 18: child protection ends, and residence rights follow different rules, with specific conditions depending on the age at which they were taken into care. This guide describes what the law currently provides, without replacing individual social or legal support.
⚠️ Every situation is different. This guide gives a general, sourced framework; it does not replace advice from a social service, a specialised association, or an immigration lawyer.
What changes at 18
While they're still a minor, a foreign child in the care of ASE doesn't need a residence permit: the law protects every minor present in France, whatever their nationality. That protection ends at the age of majority. From age 18, like any adult foreign national, a former unaccompanied minor must show a right to stay in order to remain in France lawfully, unless they've acquired French nationality in the meantime (see our article on French nationality declaration, which also covers the case of unaccompanied minors under guardianship).
The residence permits possible at the age of majority
The Code de l'entrée et du séjour des étrangers et du droit d'asile (CESEDA, the code governing foreign nationals' entry and stay) sets out two main routes, depending on the age at which the young person was placed with ASE or a trusted third party. The exact conditions and how they apply vary by individual situation: always check your specific case with your préfecture, a social service, or a specialised association.
Placed with ASE by age 16 at the latest: "private and family life" card
Under Article L. 423-22 of the CESEDA, a foreign national placed with child welfare services or a trusted third party by the day of their 16th birthday at the latest can be issued, within the year following their 18th birthday, a one-year renewable temporary residence card bearing the words "vie privée et familiale" (private and family life). It's issued subject to a genuine, ongoing training path, the nature of any ties kept with family remaining in the country of origin, and an opinion from the care facility or the trusted third party on the young person's integration into French society.
Placed with ASE between 16 and 18: exceptional admission to stay
Under Article L. 435-3 of the CESEDA, a young person placed with child welfare services or a trusted third party between ages 16 and 18 can, under certain conditions (notably a vocational training path followed for at least six months), be issued a temporary residence card marked "salarié" (employee) or "travailleur temporaire" (temporary worker). Unlike the previous case, this is an exceptional admission to stay: the decision is at the préfecture's discretion, taking into account how genuine the training is, the absence of family ties in the country of origin, and the opinion of the care facility. It is therefore not an automatic right, unlike the "private and family life" card under Article L. 423-22.
The receipt during processing
When a complete application is filed before or shortly after the age of majority, the préfecture generally issues a receipt (récépissé) that covers lawful stay while the file is being processed. This document matters: it lets you keep working or studying lawfully while you wait for the decision. Check with your préfecture about the exact conditions for issuing it in your case.
When to apply
The application must be filed with the préfecture for the department of residence. Filing early, in the months before turning 18, is generally recommended to give the administration time to process the file and to avoid a gap in rights when the young person turns 18. Processing times aren't set by any regulation guaranteeing a national figure: they vary by préfecture. The exact deadline for filing before turning 18, and the practical arrangements, must be checked directly with your préfecture or a specialised association, since these rules can change.
Documents generally requested
The exact list varies by préfecture and by the basis for the application, but it generally includes:
- The child welfare placement decision (or the designation of a trusted third party), with the date care began.
- Proof of the training or schooling path (a certificate from the school, an apprenticeship contract).
- Civil status documents (birth certificate, or, failing that, whatever documents are available along with an explanation of why others are missing).
- An opinion from the care facility (group home, foster family) or trusted third party on the young person's integration.
- Information about family ties in the country of origin, or their absence.
Check the exact list requested by your préfecture before filing: an incomplete file can delay processing.
Without a valid permit at 18: risks and remedies
A young adult without a valid residence permit is in an unlawful situation and can be subject to an order to leave French territory (OQTF). If an application was filed in time and remains unanswered, or in case of a refusal, several remedies exist:
- An appeal against a refusal or an OQTF before the administrative court, within strict deadlines (often very short, sometimes just a few days depending on the type of decision): see our article on appealing a residence permit refusal.
- Legal aid (aide juridictionnelle), subject to income conditions, to help pay for a lawyer.
- Specialised associations that support unaccompanied minors and young adults, notably la Cimade and Forum réfugiés, which can point you toward appropriate legal support.
Don't face a refusal decision alone: the appeal deadline runs fast, and support from an association or a lawyer improves the chances of properly making your case.
FAQ
My child is approaching 18, what should we prepare? Gather the ASE placement decision, proof of schooling or training, and whatever civil status documents are available, as early as possible. Contact the relevant ASE caseworker and, if possible, a specialised association, to plan the application ahead of turning 18.
What happens if the application is filed after turning 18? The framework that applies depends on the age at which the young person was placed with ASE and the exact filing date: some routes allow one year after the 18th birthday, others don't. A late filing can complicate processing. Check the precise situation with the préfecture or an association without delay.
Can a residence permit be requested before turning 18? A minor generally doesn't need a residence permit before reaching the age of majority. Some preparatory steps (putting the file together, contacting the préfecture) can still be taken before turning 18 to plan ahead: check the timelines and arrangements specific to your department.
What can be done if the application is refused? An appeal is possible before the administrative court, within a deadline that needs to be checked based on the exact decision received. Legal aid and specialised associations (la Cimade, Forum réfugiés, among others) can support this process.
Do the "private and family life" card and exceptional admission to stay grant the same rights? No: the first is a right subject to objective conditions (placement before age 16), the second depends on a case-by-case assessment by the préfecture (placement between ages 16 and 18). The conditions and the type of card issued differ.
Perfecture is an independent service, not affiliated with the préfectures or the French administration. This content is general information and does not constitute individual legal advice.
- Article L. 423-22 of the Code de l'entrée et du séjour des étrangers et du droit d'asile (legifrance.gouv.fr)
- Article L. 435-3 of the Code de l'entrée et du séjour des étrangers et du droit d'asile (legifrance.gouv.fr)
- Law n° 2022-140 of 7 February 2022 on child protection (legifrance.gouv.fr)
- https://www.service-public.gouv.fr/particuliers/vosdroits/F31037 (residence permit for an unaccompanied foreign minor)
- La Cimade, https://www.lacimade.org/
- Forum réfugiés, https://www.forumrefugies.org/