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US News binational couples, marriage and covid-19: the state council orders the government to change the rules

14:40  10 april  2021
14:40  10 april  2021 Source:   lejdd.fr

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Dans une décision rendue vendredi soir, le Conseil d'Etat ordonne au gouvernement de modifier les règles pour les couples binationaux en instance de mariage en France. © SIPA

in a decision on Friday night, the Council of State orders the Government to modify the rules for binational couples pending wedding in France.

since last July, Anaïs and Mohamed did not come back. Their marriage has been repeatedly pushed back. The reason? The pandemic of Covid-19 , and the closure of the borders, which made it impossible to celebrate their union in France as in Algeria. Despite the publication of the Bans and the obtaining of the Non-Opposition Certificate (NOC), the future husband had so far been able to obtain nor short stay visa, nor pass, to be able to cross the Mediterranean.

But things should change. Indeed, the Council of State, seized at the end of March by a collective dedicated to the cause of the Franco-foreign binational couples pending joint marriage, with the support of the Association of Support for Mixed Couples Lovers at the public, A rendering his decision on Friday night.

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⚖ Binational marriages: Entering France to get married must be allowed during the sanitary crisis

The judge of the referresses orders the administration to modify the rules in force

https://t.co/a8knrtd9sf pic .twitter.com / 0SXCBOPAAG

- Status Council (@conseil_etat) April 9, 2021

"The judge of references observes that these movements concern a small number of couples and can only have a limited impact on the situation sanitary in France, especially since the obligation of a negative PCR test remains. He considers that it is therefore a disproportionate infringement of the freedom of marriage ", can we read on the site of the Council of State. Faced with the low number of visas granted (331 passes were issued for this reason for third-country nationals between September 21, 2020 and March 31, 2021), the latter "enjoins the administration to amend the rules in force to lift these obstacles ".

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It is enjoined to the Minister of the Interior to order the consular authorities to systematically proceed to the registration and the instruction of visa applications

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and also, as requested by the applicants who wanted the marriage be registered under the "imperious motives", the circular of 22 February on the border measures implemented within the framework of the state of health shall be "suspended" because "on the one hand, it prohibits the Registration and the instruction of visa applications to marry in France with French and, on the other hand, it does not allow entry into the territory of the holders of such a visa ". "It is enjoined to the Minister of the Interior to order the consular authorities to systematically proceed to the registration and the investigation of visa applications in order to marry in France with a Frenchman", is it also indicated.

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The fear of an "abuse of power"

of which rejoiced Anaïs, the person responsible for the applicant collective who testified at the hearing held in the State Council on April 1st. "The pressure has fallen. We were in our rights, we did not ask something exceptional," entrusts this former 32-year-old police. She says, however, fear that the modification of the circular takes time and "abuse of power" in the issue of visas. "We are determined, we will not let go," she says, ready to go, with others, before the European Court of Human Rights if necessary.

with Mohamed, the telephone discussions on the preparations of the wedding have already taken over that night. Their bans, valid for one year, expire in September. "The pandemic does not allow us to meet all, then it will be in a small committee with our witnesses, my mother and my sister for me, my father for my spouse. Our big wedding party, we can shift it, we will do later, "explains Anaïs, who is waiting on Monday to go to his town hall and see availability.

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