National Rally (RN) Proposes Law to Reestablish Illegal Stay Offense in France
The National Rally (RN) has submitted a bill aiming to reinstate the offense of illegal stay in France, a measure that could significantly impact the daily lives of foreign nationals holding visas, including Tunisians. This text proposes that a foreign adult residing in France after their visa has expired may be liable for a fine of up to €3,750, as well as a ban from French territory for up to three years.
Background and Historical Context
Historically, the offense of illegal stay was provided for in Article L. 621-1 of the Code of Entry and Stay of Foreigners and the Right to Asile, but it was repealed by the law of December 31, 2012, after the Court of Justice of the European Union estimated that a criminal penalty against foreigners in an irregular situation infringed on fundamental rights and complicated the execution of return decisions. The new RN proposal circumvents this constraint by substituting the prison sentence with a fine and a territory ban, making overstaying financially constraining for any foreigner.
Potential Impact on Foreign Nationals
If adopted, the law could have a direct impact on Tunisians, as well as all other foreign nationals residing in France. Any unauthorized extension of stay would be automatically sanctioned, forcing visa holders to strictly adhere to the deadlines and conditions of their stay.
Legislative Context and Future Discussions
This legislative initiative is part of a context of recurring debates on immigration control in France, with similar proposals already discussed during previous immigration laws, but often censored or rejected. Upcoming parliamentary discussions will determine whether this fine and territory ban will be effectively implemented and under what conditions.
Conclusion and Recommendations
In the meantime, Tunisians and all foreign nationals holding visas for France must closely follow the evolution of this text and anticipate any reforms to avoid heavy financial and administrative penalties. The proposal will be examined by the Parliament on October 30, 2025, and has already sparked strong reactions, particularly among Algerian, Tunisian, and other communities residing in France or regularly traveling to the country.
