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My wife is in France with her own 1 year long stay visitor's visa. She will give birth to our daughter shortly. When the baby is born will it be subject to the 90 Schengen requirement like any other US Citizen visiting France and then be required to leave and apply for a French visa or can it remain in France (Schengen Zone) with it's mother for the remainder of her visitor's visa?

  • If my answer turns out to be incorrect (for reasons identified in the comments or otherwise), please post your own answer describing what you actually had to do. – phoog Oct 9 '18 at 17:39
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It looks to me like your child will need a titre d'identité républicain (TIR):

Le titre d'identité républicain (TIR) peut être délivré à un mineur né en France de parents étrangers titulaires d'un titre de séjour. Il lui permet de prouver son identité et d'être dispensé de visa lors de son retour en France après un voyage à l'étranger. La personne qui exerce l'autorité parentale sur l'enfant doit en faire la demande en préfecture ou en sous-préfecture en fournissant certains justificatifs. Le document est valable 5 ans et renouvelable.

Machine translation with human copy editing:

The Title of Republican Identity (TIR) can be issued to a minor born in France of foreign parents holding a residence permit. It allows the child to prove his or her identity and to be exempt from visa when returning to France after a trip abroad. The person who exercises parental authority over the child must make the request in the prefecture or sub-prefecture by providing certain supporting documents. The document is valid for 5 years and renewable.

The cost is EUR 45 (assuming neither you nor your child has EU, EEA, or Swiss citizenship).

Although this document is not a uniform-format residence permit, it is included in the list of residence permits issued by member states (pdf), which means that (after receiving the document, at least) your child's time spent in France will not count toward the 90-day limit in the Schengen area. This in turn means that your child will be able to visit other Schengen countries within the 90/180 day limit.

  • (+1) I don't have a better idea but this is clearly intended for people who reside in France more-or-less permanently. The application requires many documents (livret de famille, carnet de santé, and justificatif de domicile) that I would not necessarily expect a visitor to have. – Relaxed Oct 9 '18 at 16:40
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    The last one is the easiest question, the chances the presence of the child would not be tolerated is very low. France does not remove minors, period so I don't see exactly what the préfecture could do or why they would bother. The main purpose of the document is leaving and reentering, refusing it is a way to put pressure on the parent(s) but in this case they are safe. – Relaxed Oct 9 '18 at 17:12
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    For the rest, I don't know. The website makes a lot of assumptions and isn't explicit on what's supposed to happen otherwise. Anecdotally, I have heard of refusals because the mother was a student, even though a VLS/TS is clearly a "titre de séjour”. Reading carefully, an extract from the birth register can be presented instead of a livret de famille and a carnet de santé should be issued when the birth is registered at the town hall so both should be obtainable no matter the status. – Relaxed Oct 9 '18 at 17:17
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    @SJuan76 a long-stay visitor will normally have a visa de long séjour valant titre de séjour which is by definition a titre de séjour. Also, you have mistranslated parents étrangers as foreign fathers; the correct translation is foreign parents. So I don't see anything here which disqualifies OP's soon-to-be-born child from receiving a TIR. – phoog Oct 9 '18 at 20:08
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    Notice that it is explicitly mentioned that the 'Livret de famiile' can be replaced by a 'Extrait d'acte de naissance', which is quite easy to obtain for a child born in France. As for the 'Carnet de santé', it will be delivered to the parents at the time of the birth declaration. service-public.fr/particuliers/vosdroits/F810. Also notice that if the birth take place in a public hospital, the 'Officier d'état-civil' will usually come at the hospital to take care of the paperwork involved in the 'déclaration de naissance'. – audionuma Oct 10 '18 at 6:27
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As @SJuan76 stated, your wife's one-year long-stay visa is the equivalent of a titre de séjour or residence permit in France, as long as she had it validated at the OFII (or Office français de l'immigration et l'intégration). Technically she would have had to do this if the visa is valid for one year.

Thus, with that and the birth certificate (extrait d'acte de naissance) of your child, and the other required documents (proof of address, etc.) as stated in @phoog's link.

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    Good point about the OFII validation. I had assumed that it was done on the assumption that the mother's status is legal, but it is certainly worth mentioning. – phoog Oct 10 '18 at 19:25
  • Does this mean I need to make an appointment with the OFII for the child after its born? I am having trouble finding out what the proper procedure should be for this. . . – Wolf-Monkey Oct 12 '18 at 10:13
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    @Wolf-Monkey the proper procedure depends on which prefecture the child (i.e., your wife) is in. See the first link in my answer. The OFII validation refers to your wife and her VLS/TS, not to your child. – phoog Oct 12 '18 at 14:11
  • @phoog said it all. I think in this case, all your wife needs to do is get an appointment at the prefecture (the procedures differ depending on the prefecture) and go with the child's birth certificate and the other documents required and that's it. As far as I know, she need not deal with the OFII when it comes to the child. – ar5975 Oct 12 '18 at 16:19
  • Ok from what I have found out it does look like I need to go to the prefecture and apply for our baby to be issued a ‘document de circulation pour étranger mineur’ I’m not sure if this is the same as the TIR you guys have mentioned. Can anyone confirm this? – Wolf-Monkey Nov 30 '18 at 9:32

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