1

ANNUAL STATISTICAL REPORT ON MIGRATION AND INTERNATIONAL

PROTECTION Reference year: 2009

Study carried out by the French Contact Point of the

European Migration Network (EMN)

The European Migration Network (EMN) was established via Council Decision 2008/381/EC and is financially supported by the European Union.

2

3

Table of Contents

1. INTRODUCTION................................................................................................................ 5 2. METHODOLOGY............................................................................................................... 6 3. LEGAL IMMIGRATION AND INTEGRATION............... ........................................... 14

3.1 International migration, resident population and acquisition of citizenship ......... 14 3.11 Usual residence ........................................................................................................ 14 3.12 Acquisition of citizenship ........................................................................................ 19

3.2 Residence documents for third country nationals..................................................... 24 3 21 Residence documents issued in 2009....................................................................... 24 3.22 Changes of status...................................................................................................... 26 3.23 Documents valid on 31st December 2009................................................................ 27

4. ILLEGAL IMMIGRATION AND RETURN .................. ............................................... 29

4.1 Interviews...................................................................................................................... 29 4.2 Expulsion orders........................................................................................................... 30 4.3 Assisted returns ............................................................................................................ 30

4.31 Assisted voluntary return (AVR) ............................................................................. 30 4.32 Assisted humanitarian return (AHR)........................................................................ 30

5. BORDER CONTROLS ..................................................................................................... 31

5.1 Refusals of entry to the territory ................................................................................ 31 5.2 Simplified readmissions ............................................................................................... 31

6. ASYLUM AND INTERNATIONAL PROTECTION ............ ....................................... 32

6.1 Applications for international protection .................................................................. 32 6.11 Global applications, including accompanying minors ............................................. 32 6.12 Total applications, excluding accompanying minors............................................... 34 6.13 Applications pending on 31st December 2011 ........................................................ 38

6.2 International protection decisions .............................................................................. 38 6.21 Admissions............................................................................................................... 39 6.22 Registration refusals................................................................................................. 41 6.23 Refusals .................................................................................................................... 42 6.24 Resettlements ........................................................................................................... 42 6.25 Withdrawals of status ............................................................................................... 43

6.3 Dublin transfers............................................................................................................ 43 6.31 Applications made in France.................................................................................... 43 6.32 Applications made by France................................................................................... 45 6.33 Applications for information.................................................................................... 48

6.4 Unaccompanied minors ............................................................................................... 48

4

7. OTHER AVAILABLE STATISTICS AND INFORMATION...... ................................ 50

7.1 Marriages and birth rates ........................................................................................... 50 7.11 Foreign marriages in France..................................................................................... 50 7.12 Foreign birth rate in France...................................................................................... 53

7.2 Visas issued to third country nationals ..................................................................... 55 7.21 Trend in applications for and issuing of visas since 2004........................................56 7.22 The issuing of visas in 2009..................................................................................... 57

7.3 Employment and unemployment................................................................................ 64 7.31 Active foreign population ........................................................................................ 64 7.32 Unemployment trends for foreign nationals............................................................. 66 7.33 Seasonal workers...................................................................................................... 68

7.4 Reinsertion following return migration: support programme for reinsertion....... 69 7.5 "Scientists" ................................................................................................................... 70 7.6 Migration within companies: the "employee on assignment" card ........................ 71

Appendix : List of acronyms ................................................................................................. 72

5

1. INTRODUCTION

All of the statistical data relating to 2009 shows that this particular year is in line with the

major trends recorded in the two preceding years. The re-balancing desired by the French

Government in favour of the flow of professional people of benefit to the national economy,

which was reflected in 2008 by a very strong increase in terms of the latter, whilst there was a

distinct reduction in family immigration, is therefore confirmed by the statistical data for

2009. In fact, the flow of professional people stabilises at a high level (in spite of a slight

reduction compared to 2008) and family immigration flow stabilises at a relatively low level

compared to previous years, in spite of a very slight overall increase. Finally, stability is

observed for other aspects of immigration control, even though the issuing of visas fell

slightly in line with demand.

The number of visas issued has remained stable over recent years, showing a 12% drop in

2009 as against 2008, but reflects the parallel trend in visa applications (–10%).

Finally, the number of foreign nationals leaving our territory under expulsion orders or

assisted return programmes stabilised at a high level in 2009, reflecting the increased

involvement of the police, gendarme and prefectural services and the success of assisted

return initiatives.

Following several years of continuous reduction, the renewed increase in applications for

asylum recorded in 2008 persisted throughout 2009. The total number of applications made to

the Office for the Protection of Refugees and Stateless Persons (OFPRA) was 47,686 as

against 42,599 in 2008. Thus, the number of applications (excluding accompanying minors)

increased 13.3% in 2009 compared to 2008.

On the other hand, the number of positive final decisions (first instances and approvals

following review for refugee status and subsidiary protection, excluding accompanying

minors) made in 2009 (10,373) shows a reduction compared to 2008 (–9%).

Finally, 2009 was also marked by the processing by OFPRA of cases under the three

resettlement programmes launched in France in 2008 (special operation for receiving Iraqis,

6

resettlement of refugees under the agreement between the French Government and the High

Commission for Refugees (HCR) and care of persons who initially went to Malta as

refugees).

2. METHODOLOGY

This report is based almost entirely on data produced by French administrative bodies, either

as a by-product of administrative case management or as a result of investigations.

A number of documents produced by these administrative bodies have been used or

reproduced below. They may be located via the appropriate footnotes.

Moreover, the Code for the Entry and Stay of Foreigners and the Right to Asylum (CESEDA)

determines that "every year, the Government submits to Parliament a report on pluriannual

developments in terms of immigration and integration policy". This document, drafted by the

Minister of Immigration, is generally published in the year following the reference year. A

considerable amount of information reproduced here is taken from this report1.

In this chapter, readers will find indications relating to the various data used, classified in the

order of the report plan.

Resident population – population surveys conducted under the aegis of the National

Institute for Statistics and Economic Studies (INSEE)

Population surveys are the most reliable way of measuring the resident foreign population in

France. Until 1999, exhaustive population surveys were conducted every six to nine years.

Since 2004, they have been organised in the form of annual enquiries, successively covering

all communes over a period of five years. Two types of investigation were established,

depending on commune size:

• communes with fewer than 10,000 inhabitants are surveyed on a rolling basis once

every five years. To this end, they have been divided into five groups, according to precise

rules to ensure the same level of statistical representation across all groups. Each year, the

1 Developments in immigration and integration policy – Seventh report produced in application of article L111-10 of the CESEDA - http://www.immigration.gouv.fr/IMG/pdf/RapportCICI7eme.pdf

7

census survey relates to the entire population and housing in communes for the group in

question. At the end of five years, the entire population of communes with fewer than 10,000

inhabitants is surveyed. Between each census survey, the population for the commune is

updated from external data (residence tax file, etc.);

• for communes with 10,000 or more inhabitants, a housing sample, taken from 1/5th of

the commune, covering around 8% of the population is surveyed every year. At the end of

five years, around 40% of the inhabitants of each commune will have been surveyed.

Therefore, at the end of the census campaign of 2008, all the inhabitants of communes with

fewer than 10,000 inhabitants and 40% of the population of communes of 10,000 or more

inhabitants were included in the new survey, for which the first annual results date from 1

January 2006.

Since the end of 2008, surveys provide annual results based on information gathered over the

previous five annual surveys.

The results are used in two phases: an initial global data calculation and then detailed

processing. Data currently available relates to the situation as at 31st December 2009 for

global data and the situation as at 31st December 2007 for detailed data.

The acquisition of French citizenship

The statistics are obtained by processing data contained in administrative files with the

following precisions and definitions:

Of acquisitions of French citizenship, only acquisitions by declaration or decree give rise to

administrative registration and can therefore be counted accurately:

• declarations through marriage to a French spouse are made before Magistrates Courts

or consulates. Acquisitions by decree (or by decision of a public authority) relate to cases of

naturalisation proper and re-integration into French citizenship. They give rise to decrees

signed by the Minister of Immigration;

• anticipatory declarations by minors under the age of 18, born in France to foreign

parents and fulfilling conditions for residence and “other acquisition declarations” (the great

majority are minors taken in or adopted by a French person or put in the care of the French

child welfare system and persons in possession of French status for 10 years) are under the

jurisdiction of the Ministry of Justice.

8

Acquisitions without formalities concern young people born in France of foreign parents who

automatically become French when they reach the age of majority. With no formalities to

complete (other than for the period 1993-1998, when they had to produce an “expression of

will”), it is not possible to calculate the annual number of these young people with any

accuracy. However, when these young French people reach the age of majority, they have to

apply for a certificate of French citizenship under article 21-7 of the French Civil Code

(information collected by the Ministry of Justice). To make up for this lack of information, we

assume that the number of acquisitions is equal to the number of certificates issued for this

reason.

Terms:

• Acquisition of French citizenship: The generic term of “acquisition” of French citizenship

covers all the ways of obtaining citizenship through applications made by the persons in

question: naturalisation and reintegration by decree, declaration of citizenship by marriage or

birth and residence in France.

The acquisition of French citizenship therefore needs to be distinguished from “attribution” of

French citizenship at birth, which happens automatically through parent-child relationship (a

child is French where at least one of its parents is French, irrespective of the place of birth of

the child or whether he or she is born inside our outside marriage), or birth in France (a child

is French where he or she is born in France and where one parent is born in France).

• Naturalisation: naturalisation is the principal path to acquiring French citizenship. It is

granted by decree. It may be requested by any foreigner legally residing in France. The

principal conditions that have to be met are: reaching the age of majority, usually resident in

France for a continuous period of 5 years, unless special provisions are made, being in

possession of a residence document, having family ties and material interests focused in

France, demonstrating integration in French society, notably by sufficient knowledge of the

French language, and no criminal record.

Naturalisation is not a right, and is therefore subject to the discretionary decision of the

administration, which may reject the application, even if the conditions are met.

The applicant must have reached the age of majority. However, naturalisation may be granted

to a minor who has remained a foreigner, even if either of his or her parents has become

French, if it is proved that he or she has stayed with them in France for the 5 years preceding

the submission of the application.

9

• Reintegration: under certain conditions, reintegration into French citizenship enables

people who have lost French citizenship to re-acquire it. This generally happens by decree.

However, it should be noted that reintegration by decree is not a right, and therefore even if

the legal conditions are fulfilled, and the administration has the discretionary power to reject

the request.

Reintegration into French citizenship by declaration concerns persons who have lost French

citizenship by marriage to a foreigner or who have voluntarily acquired a foreign citizenship.

The latter must have kept or acquired manifest links with France, particularly of a cultural,

professional, economic or family nature.

• Declaration by marriage: marriage has no automatic effect on citizenship: a foreign

national who marries a French man or woman may only acquire French citizenship if he or

she fulfils certain conditions. After a period of four years from the date of marriage, the

foreign or stateless spouse of a French national may apply to acquire French citizenship by

declaration, on condition that, on the date of this declaration, the emotional and material

relationship between the spouses has not come to an end and that the French spouse has kept

his or her citizenship. The period of living together is extended to 5 years where, at the

moment of declaration, the French spouse:

- is unable to demonstrate uninterrupted legal residence for at least 4 years in France

from the date of marriage, or

- does not provide proof that his or her French spouse has been on the register of

French persons settled outside France for the period of living together abroad.

Marriage celebrated abroad must be transcribed to the French civil status register beforehand.

• Anticipatory declaration: as of 1st September 1998, young foreign nationals born in

France become French by right at the age of 18 if they have resided there continuously or

discontinuously for a period of five years from the age of 11. In addition to this, from the age

of 16, these young people born and residing in France may acquire French citizenship by

making an anticipatory declaration before the Magistrates Court. Likewise, the parents of a

young foreign national born in France may make the same anticipatory declaration for French

citizenship for them and with their permission, on condition that they have reached the age of

13 and have resided in France since the age of 8 years.

• Collective effect: an unmarried minor aged 18 acquires French citizenship by right at the

same time as his or her parent(s) through collective effect where they usually reside with them

(or alternately if the parents are separated) and his or her name is on the naturalisation decree

or declaration.

10

Residence permits

Statistics relating to authorisations to stay are based on the number of initial residence

documents (permits) issued to third country nationals (apart from EEA (European Economic

Area) + Switzerland). Provisional annual data is produced on 30th June of the year n+1, and

final data on 31st December of the year n+1.

Residence permit statistics for the year do not necessarily correspond to physical entries to the

territory for the same year. In fact, documents issued during a year may correspond to:

- actual entries during the year,

- overriding admissions to stay (regularisations),

- issues to foreign nationals legally present and covered by their travel

documents and, depending on the case, a short stay visa (3 months or more) and who are

asking to stay, whether such foreigners entered in the current or the previous year.

- foreign minors entering under Family Reunification, or unaccompanied minors

in previous years presenting themselves at the Prefecture when they reach the age of majority

to obtain a residence document.

On the other hand, the initial issuing of a document in a category given to a foreign national

who already had a document but for a different category is considered as a renewal and not an

initial issue. These documents are not included in the statistics for initial documents.

Moreover, foreign nationals who have been issued with temporary residence documents:

summons, provisional residence permit (APS) or a receipt for a request for an initial residence

document and holders of diplomatic cards, are not counted.

All figures concerning initial residence documents result from the computer processing of

data, taking account of the past history for right to residence, in the computer file of each

foreign national. The issuing of a residence document is considered as an initial issue:

- if there is no previous residence document in the file of the person in question,

- where a period of one year or more has elapsed between the validity end date

of the document issued (in this case, provisional documents are included when calculating

interruptions in the right to residence).

11

Note:

The regulations relating to criteria for issuing residence documents were not changed in 2009.

With a view to simplification, only the procedure for issuing certain documents was adapted.

In fact, since 1st June 2009, a certain number of long stay visas now dispense with the

procedure at the Prefecture for submitting an application for such documents (a compulsory

procedure for stays exceeding 3 months). Nevertheless, holders must undertake to make a

declaration to the OFII. This registration procedure, and completing the formalities relating to

the medical check in particular, in fact "validate" the visa, permitting the holder to remain in

France for longer than three months. It is also at this point that information is recorded as

statistical data in the residence document management application. At the end of the period of

validity of the visa (1 year in almost all cases), the foreign national must present him or

herself at the Prefecture and apply for the “renewal” of his or her residence document, which

is obtained with the issuing of a initial residence permit, which will be considered to be a

renewal, not an initial issuing. The foreign nationals affected by this simplification are the

spouses of French nationals, "visitors" (foreign nationals with sufficient resources to reside in

France without entering the employment market), students, “salaried employees” and

“temporary workers” (the latter two categories cover salaried workers in possession of an

employment contract for a period greater than 3 months, apart from seasonal workers). The

statistical inclusion of the initial issuing of residence documents may have been affected by

this new procedure, but without affecting actual trends. The various necessary adjustments are

the reason for the delayed availability (March 2011) of final figures for 2009.

Legal immigration and returns and border controls

The statistics for refusal of entry, interviews of illegal foreign nationals and actual expulsions

from the territory are based on data from the Border Police Central Directorate (Ministry of

Interior and Regional Development).

Data relating to assisted returns are produced by the OFII from the processing of information

obtained from the files of requests for voluntary assisted return.

Asylum

Statistics for initial applications for asylum are produced from data from OFPRA. Data on

agreed refugee status is produced from OFPRA data (initial instances) and that for decisions

on appeal from the National Court of Asylum (CNDA).

12

Accompanying minors under the age of 16 for which no legal decision has been made,

concerning the attribution of status, form part of a global calculation.

Civil Status data

French civil status data is processed by INSEE. This produces the information relating to

marriage and birth rates for foreign nationals in France.

Visas

Under the terms of article 1 of Decree 2007-999 dated 31st May 2007, “visa attribution

policy” comes under the joint jurisdiction of the Ministry of Immigration and the Ministry of

Foreign and European Affairs. In 2008, the allocation of responsibilities between the two

ministries for general or specific instructions relating to visas was determined by decree no.

2008-1176 dated 13th November 2008, relating to the allocation of Heads of Consulates and

Diplomatic Posts where visas are concerned. “General instructions” (implementation of

regulations and description of procedures are established by the Minister of Immigration,

following consultation with the Ministry of Foreign Affairs). “Specific instructions” relating

to individual visa applications come under the jurisdiction of the Ministry of Immigration,

apart from three categories, which are handled by the Ministry of Foreign and European

Affairs:

- visas requested by holders of a diplomatic passport, service passport, official

passport, special passport or pass issued by an international organisation ;

- visas relating to international adoption procedures;

- visas relating to individual cases under French foreign policy, but still subject to

consultation with the Ministry of Immigration.

Statistics relating to applications for and the issuing of visas are produced by the Ministry of

Interior, Overseas Departments and Territories and Local Government.

Foreign working population: employment survey

Conducted by INSEE since 1950, the Employment Survey is the statistical source that enables

us to measure unemployment as termed by the International Labour Office (in application of

the international term adopted by the BIT in 1982, an unemployed person is a person of

employable age -15 years or more – who also meets three conditions at the same time: being

without employment, i.e. not having worked for even one hour during the reference week;

13

being available to take up employment within 15 days; having actively looked for

employment during the previous month or having found employment that begins in less than

three months).

The Employment Survey contains a large amount of information on employment conditions

(type of contract, working hours, profession, underemployment etc.), unemployment

situations (ways of looking for employment, studies, retirement, etc.) and personal details

(gender, age, qualifications, experience and seniority, etc.).

Since 2003, the Employment Survey has been conducted quarterly, a continuous sample being

taken from households throughout the weeks of each quarter.

The questionnaire, which included a reference to national group (French by birth – French by

naturalisation – foreign national now includes a reference to citizenship.

14

3. LEGAL IMMIGRATION AND INTEGRATION

3.1 International migration, resident population and acquisition of citizenship

3.11 Usual residence

The population survey as currently conducted by INSEE is used to identify the

annual status of the population residing in France on 1st January of that year.

Initially published data only represents principal volumes. A subsequent

publication provides detailed data based on the same information-gathering

process.

Thus, we will initially concern ourselves here with the principal characteristics

that can be identified from calculations as at 1st January 2010, followed by

detailed data available on 1st January 2008

Resident population on 1st January 2010 – Principal available data

On 31st December 2009, the proportion of foreign nationals residing in France did not change

compared to previous years: 5.8%.

Non-EU nationals account for almost two thirds of foreign nationals in France.

Population residing in France on January 2010Distribution by nationality

Total population 64 716 310 100%

French 60 947 294 94,2%Foreign 3 769 016 5,8% 100%of which EU-27 1 317 602 35,0%

Other Countries 2 451 414 65,0% 100%of which EFTA and 3 candidate countries 276 076 11,3%

Highly developed countries 249 308 10,2%Medium developed countries 1 698 309 69,3%Least developed countries 227 721 9,3%

Source : INSEE - continuous census fig 1

15

Male foreign nationals are proportionally more numerous than males with French citizenship

(51.3% compared to 48.2%). Of the foreign nationals, males coming from third countries are

also proportionally more numerous than males with EU citizenship (51.4% compared to

50.9%).

We can also see an age-related structure in the foreign population present in France that is

significantly different from that of the population with French citizenship:

- fewer under the age of 20, with 10 points difference between third country foreign

nationals and EU nationals;

- half the number of people aged over 65 from a third country compared to French

nationals; on the other hand, there are more people from the EU than French nationals;

Population residing in France on 1st January 2010Distribution (% on line) according to age and nationality

Age group 0 - 19 20 - 34 35 - 64 65 and +

Total population 24,9 18,9 39,7 16,5

of which French Nationals 25 18,6 39,5 16,9Foreign Nationals 20,3 23,6 43,8 12,3

of which EU-27 13,7 16 50,7 19,6Third Countries 23,9 27,7 40 8,4

Source : INSEE -continuous census fig 2

Results of the detailed processing of the 2007 survey2

The foreign population residing in France changed a lot during the 20th century, depending

on the economic and political situation prevailing at the time. Over the decades, a foreign

population has evolved that is highly diverse in terms of its make-up and length of time in

France. Since 1999 (date of the most recent exhaustive survey), the foreign population has

increased at a faster rate than the total population (+9.5% compared to +5.7%).

Since the end of the Second World War, the proportion of foreign nationals in the total

population has undergone contrasting developments: positive between 1946 and 1975 (+2.2%

between 1946 and 1975, increasing from 4.4% to 6.5%), then, after 1974, when the borders

2 Extracts from La population étrangère en 2007 by Yannick CROGUENNEC – Info-Migrations no. 20 – February 2011 - http://www.immigration.gouv.fr/IMG/pdf/IM20022011.pdf

16

were closed, it went down (-0.98% between 1975 and 1999); nevertheless, the trend has

reversed since 1999, the proportion of foreign nationals rising to 5.8 % of the total population

in 2007.

Census results for 2007

2007 censusnumbers as a %

Total population 63 600 455 100Nationals 59 918 237 94,2Foreign nationals 3 682 218 5,8 100

of whichEU (26 countries) 1 285 203 34,9

Third Countries 2 397 015 65,1

Field : France. fig 3Source : Insee, 2007 census, principal use. Updated: April 2011

It should be noted that, of these foreign nationals, in the count taken for 1st January 2007,

552,000 were foreign nationals born in France, a considerable number of which will become

French by birth3.

3 We would refer to the fact that children of foreign nationals born in France are foreign nationals. The great majority of them apply for French citizenship early, at the age of 13, or when they reach the age of majority. They then become French by acquisition. Thus, the foreign population includes immigrants who have not acquired French citizenship and their children, whether born abroad or in France, and who have not yet applied for French citizenship.

17

Of the 3.6 million foreign nationals living in France, 1.2 million are nationals from the

European Union and 1.5 million come from an African country, including 1.1 million from

Maghreb.

The percentage of European nationals has changed since 1999. They account for 39% of the

total foreign resident population (40.4% if we only include Metropolitan France). However,

we can see a distinct reduction in the number of foreign nationals coming from Spain, Italy

and Portugal. In fact, the numbers of Spaniards, Italians and Portuguese have declined by

18.1%, 12.9% and 11.5% respectively. Moreover, foreign nationals coming from other EU

countries and non-EU European countries at the age of 25 are increasingly numerous: the

population of foreign nationals from other EU countries has increased by 47.9% and those

from non-EU European countries by 44.5%.

Between 1999 and 2007, the proportion of African nationals fell slightly from 43.5% to

41.4%. It appears that the number of Maghreb nationals has perceptibly reduced (1.13 million

in 1999 compared to 1.07 million in 2007) in favour of other African nationalities such as

those from Sub-Saharan Africa: the number of foreign nationals coming from Sub-Saharan

Africa increased by 64.5% during the period 1999-2007. To a lesser degree, the population of

foreign nationals from Africa, apart from Maghreb and Sub-Saharan Africa, increased from

72,000 to 109,000 individuals (+51.4 %) over the same period.

On 1st January 2007, 13.6% of the foreign population came from Asia. The number of

nationals arriving from Asia increased by 18% between 1999 and 2007: 411,000 to 485,000.

This increase can mainly be explained by the increase in the number of foreign nationals from

China: in fact, the number of Chinese residing in France rose by 158%, reaching over 72,000

individuals on 1st January 2007. The Turkish population also increased during this period

(+8.3%), numbering 223,000 individuals in 2007.

The proportion of men and women is exactly the opposite for the foreign (51.4% men and

48.6% women) and French (48.2% men and 51.8% women) population.

In global terms, the Asian and American populations have a greater number of women than

men. This is a general phenomenon for American countries, but with marked exceptions for

Asian countries: Bangladesh, India, Libya, Pakistan and Turkey.

18

2007 census - 20 main nationalities

of whichmen women

Total 3 682 218 1 894 540 1 787 678

Europe 1 433 517 723 326 710 191of which UE 1 285 203 654 595 630 609

of which Portuguese 1 490 444 261 655 228 789Italian 5 175 018 97 783 77 235British 6 145 622 74 141 71 481Spanish 8 130 604 63 453 67 151German 9 93 316 43 000 50 315Belgian 10 84 284 40 771 43 513Polish 19 39 635 16 870 22 765

Third Countries 148 314 68 731 79 582of which Serb 16 42 438 21 436 21 002

Swiss 18 40 915 19 854 21 061

Africa 1 525 000 820 611 704 389of which Algerian 2 475 294 261 349 213 945

Moroccan 3 451 926 241 007 210 919Tunisian 7 144 148 85 954 58 193Malian 12 59 541 37 018 22 523Senegalese 14 50 476 28 458 22 019Congolese (Braz.) 15 46 069 22 573 23 496Ivorian 17 41 072 18 860 22 212Cameroonian 20 37 381 15 565 21 816

Asia 500 832 247 470 253 362of which Turk 4 223 421 118 675 104 746

Chinese 11 72 087 33 421 38 667

Americas 218 075 100 814 117 261of which Haitian 13 55 694 25 745 29 949

Oceania 4 794 2 319 2 475

Field: all of France Source : Insee, 2007 census, main use, update: April 2011

fig 5

Total numbersrank (in decreasing

order)

The average age of the foreign population is lower than that of the French population: 38.2

years old compared to 39.2. This difference is particularly pronounced in women (average age

of 37.4 for foreign women and 40.7 for French women). In 2007, 6.7% of people aged

between 20 and 30 were foreign (compared to 6.2 % of all ages). The age pyramid for

foreigners has the particular feature of the option for minors born in France to become French

by anticipation: up to the age of 13, the proportion of foreigners is very close to that observed

19

across the whole population. After that, between the ages of 14 and 17, the proportion of

foreign nationals is 3.2%, being much lower than the proportion across all ages (6.2%).

3.12 Acquisition of citizenship 4

The generic term “acquisition” of French citizenship covers all the ways of obtaining citizenship resulting from an application by the individuals concerned or the effect of law: naturalisation and reintegration by decree, declaration of citizenship made through marriage with a French spouse or birth and residence in France. The acquisition of French citizenship therefore needs to be distinguished from the “attribution” of French citizenship at birth, which happens automatically through parent-child relationship, or under certain conditions relating to birth in France. Knowledge of statistics for the acquisition of French citizenship varies according to the method of acquisition. Acquisition by right, through birth and residence in France are not recorded and numbers therefore have to be estimated. Only acquisitions by declaration or decree are recorded by the administration, making it possible to count them accurately:

● declarations through marriage to a French spouse are made before Magistrates or Consulates and acquisitions by decree (or by decision of a public authority) result in decrees signed by the Minister of Immigration;

● anticipatory declarations by children under the age of 18 born in France to foreign parents and fulfilling conditions of residence and “other declarations of acquisition” come under the jurisdiction of the Ministry of Justice

Following several years of growth, the number of French nationals acquiring French

citizenship saw a certain decline between 2005 and 2007, but this trend appears to stabilise

from 2008. This latest trend can be explained by a strong increase in the number of

acquisitions by decree, as a specific result of a reduction in the backlog of files waiting

processing.

Foe the same period of time, we can observe a drop:

- in acquisitions by declaration, especially declarations through marriage; this is only a

reflection of the extension of the period of marriage necessary before a French spouse may

have access to this procedure (increased from two to four years under the provisions of the

law dated 24th July 2006 relating to immigration and integration);

- acquisitions without formal procedure, these being by young people of foreign

origin born in France who acquired French citizenship automatically when they reached the

4 According to: http://www.immigration.gouv.fr/spip.php?page=dossiers_det_res&numrubrique=242&numarticle=1457

20

age of majority (18). They are young people who have not made an anticipatory declaration of

citizenship, an option offered at the age of 13. A great number of young foreign nationals

make use of this procedure every year.

In 2009, in global terms, the acquisition of French citizenship is in slight decline compared to

2008 (-1.2%). The number of acquisitions by decree and acquisitions by declaration are

appreciably the same as for the previous year (91,948 compared to 91,918 for acquisitions by

decree and 16,355 compared to 16,213 for acquisitions by declaration following marriage).

By way of contrast, the number of acquisitions by anticipatory declaration before a

Magistrates Court shows a decline of 7.3% (23,771 in 2009 compared to 25,639 in 2008).

The principal ways of acquiring citizenship are broken down as follows:

- more than two thirds (67.7%) are declarations by decree. Of these, naturalisations

proper account for 92.1% of cases and reintegration into citizenship account for 7.9%. Of the

91,948 acquisitions by decree, 63,513 (69%) concern adults and 28,435 (31%) children

benefiting from the collective effect. The number of acquisitions shows a 3% increase

compared to the previous year;

- just under 20% are anticipatory declarations by young people born and residing in

France and whose parents have taken the procedure before a Magistrates Court;

21

- 12% are declarations following marriage to a French person. In this regard, 700

children were counted as benefiting from the collective effect.

For several years now the new French have primarily originated from Africa (62.7% of total

acquisitions for 2009) more specifically from the Maghreb (41.2%). In 2009, Asian and

European nationals accounted for 14.4% and 14.2% of the whole respectively. It is to be

noted that half of European nationals acquiring French citizenship originate from the

European Union.

51.3% of acquisitions of French citizenship are for women, compared to 48.7% for men.

Almost 40% of acquisitions are for persons belonging to the 0-19 age group. This should be

seen in the light of what has been said with regard to anticipatory declarations and the

collective effect of naturalisations by decree.

22

Acquisition of French citizenship according to method of acquisition, since 1995

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Registered acquisitions 92 410 109 823 116 194 119 761136 435 141 456 121 631 122 839 139 939 165 140 151 677 145 315 129 426 135 117 133 479of which By decree (incl. collective effect) 40 867 58 098 60 485 58 123 67 569 77 478 64 595 64 086 77 111 99 387 101 60187 878 70 095 91 918 91 948

of which Naturalisations 36 280 50 730 53 189 51 303 59 836 68 750 57 627 58 374 69 281 89 739 91 446 79 740 64 046 84 323 84 730Reintegrations 4 587 7 368 7 296 6 820 7 733 8 728 6 968 5 712 7 830 9 648 10 155 8 138 6 049 7 595 7 218

By declaration 51 543 51 725 55 709 61 638 68 866 63 978 57 036 58 753 62 828 65 753 50 076 57 437 59 331 43 199 41 531of which… by marriage (incl collective effect) 18 121 19 381 20 969 22 145 24 091 26 057 23 994 26 351 30 922 34 440 21 527 29 276 30 989 16 213 16 355

… anticipatory declarations - - - 12 300 42 433 35 883 31 071 30 282 29 419 29 872 27 258 26 881 26 945 25 639 23 771… other declarations 2 896 2 499 2 222 1 644 2 342 2 038 1 971 2 120 2 487 1 441 1 291 1 280 1 397 1 347 1 405… expression of will 30 526 29 845 32 518 25 549

Acquisitions without formalities 4 000* 11 087 8 570 5 917 5 258 4 710 3 705 2 966 2 553 2 576 2 335 2 363

All acquistitions 92 410 109 823 116 194 123 761 147 522150 026 127 548 128 097 144 649 168 845 154 643 147 868 132 002 137 452 135 842

Field: all of France fig 9Sources : Ministry of the Interior, Overseas Departments and Territories and Immigration - Ministry of Justice and Freedom(*) : Estimation

23

1999 2000 2001 2002 2003 2005 2008 2009

Europe 24 862 23 266 19 071 18 477 20 595 20 180 21 120 19 457of which EU (EU-27) 20 248 17 869 14 513 13 822 15 078 14 006 12 478 10 670

of which Spain 1 400 1 173 857 828 776 675 592 442Italy 1 809 1 522 1 217 996 1 042 810 777 620

Portugal 13 151 11 201 9 182 8 844 9 577 8 884 7 778 6 415Poland 1 247 1 193 934 852 1 024 813 593 586

Romania 920 1 070 800 808 954 978 787 822CIS 930 1 181 1 162 1 328 1 639 2 108 4 262 4 704

of which Russia 638 779 730 831 951 1 132 3 530 4 157Other Europe 3 684 4 216 3 396 3 327 3 878 4 066 4 380 4 083

of which Serbia & Montenegro 2 249 2 358 1 880 1 902 2 129 2 736 3 375 3 219

Asia 25 533 27 941 22 422 21 916 22 846 26 286 20 212 19 494of which South East Asia 6 958 7 265 5 209 4 719 4 324 4 069 2 587 2 475

Other Asia 18 575 20 676 17 213 17 197 18 523 22 217 17 625 17 019of which China (PRC) 834 964 820 894 1 255 1 078 1 122 1 407

Sri Lanka 1 439 1 819 1 345 1 377 1 748 2 008 1 544 1 551Turkey 11 380 12 137 10 755 10 468 10 493 13 607 10 202 9 171

Africa 80 443 84 182 74 982 76 480 89 266 98 453 84 471 85 144of which Maghreb 66 508 68 185 60 671 59 639 68 535 75 22458 426 56 024

Algeria 15 743 17 627 15 498 15 711 20 246 25 400 20 256 20 659Morocco 38 298 37 795 34 922 33 971 36 877 37 819 28 699 26 097

Tunisia 12 467 12 763 10 251 9 957 11 412 12 005 9 471 9 268Sub-Saharan Africa 9 279 10 622 9 688 11 825 14 495 15 624 19 011 22 214

of which Cameroon 1 400 1 556 1 381 1 770 2 196 2 078 2 014 2 411Comores 432 593 615 591 746 811 1 049 1 334

Congo 932 1 083 1 100 1 475 1 769 2 386 2 933 3 269Ivory Copast 1 113 1 409 1 194 1 495 1 869 1 981 2 197 2 565Madagascar 1 288 1 406 1 281 1 352 1 628 1 438 1 360 1 498

Mali 490 631 581 774 947 1 360 2 237 2 704Senegal 1 530 1 595 1 463 1 858 2 185 2 340 3 038 3 364

Other 4 656 5 375 4 623 5 016 6 236 7 605 7 034 6 906of which Congo (DRC) 1 495 1 765 1 401 1 572 2 012 2 624 2 402 2 294

America 4 858 5 668 4 948 5 736 6 853 6 352 6 568 6 677of which North America 989 1 048 944 917 1 050 854 837 747

Central & South America 3 869 4 620 4 004 4 819 5 803 5 498 5 731 5 930of which Haiti 1 711 1 920 1 571 2 082 2 734 2 735 2 922 2 981

Oceania 68 87 68 75 128 127 143 108

Not broken down + stateless persons 11 758 8 882 6 0575 413 4 960 3 245 4 938 4 962

All 147 522 150 026 127 548 128 097 144 649 154 643 137 452 135 842

Filed: all of France fig 10

Acquisition of French Nationality according to nationality from 1999 to 2003 and then in 2005, 2008 and 2009*

Sources : Ministry of the Interior, Overseas Departments and Territories and Immigration - Ministry of Justice and Freedom

(*): In 2004, 2006 and 2007, the break-down in terms of the geographical origin of perosns acquiring French citizenship by anticipatory declaration is not known. Given their significance across all acquisitions, the distribution by geographical origin for all new French Nationals is not given here.

24

3.2 Residence documents for third country nationals

3 21 Residence documents issued in 2009

2009 shows a contrasting increase in the number of initial residence documents issued in

Metropolitan France to foreign nationals from European Union third countries (+5%). This

increase is related to a range of different realities:

- a reduction in immigration for family reunification (–12%) and professional

immigration (–6%),

- an increase in student immigration (+12%) and persons joining a French national for

family reasons (+8%).

The reduction in the number of documents issued for professional reasons, undoubtedly

attributable to the economic crisis for the most part, does not undermine the break observed in

2007, a year during which the number of documents stabilised following years of decline.

With 20,001 documents issued for this reason in 2009, including 14,287 for salaried

employment, 2,848 for seasonal employment and 364 for skills and talents, professional

immigration accounts for 10% of the total number of documents issued for professional

reasons (compared to 6.4% in 2005).

The decline in the number of documents issued to students and interns (–2.9% in 2006

compared to 2005, following a –6.1% drop in 2005 compared to 2004, –5.8% in 2004

compared to 2003 and –4.8% in 2003 compared 2002) that started in 2003 has reversed since

2007 (+11.7% in 2009 compared to 2008).

The number of documents issued for family reasons showed a clear decrease between 2006

and 2008 (–10.4% in 2007 and –5.6% in 2008); this trend should be seen alongside the new

legislative requirements aimed at promoting the integration of these migrants into French

society. Nevertheless, 2009 saw a slight increase in family immigration: +1.4% compared to

2008, with 82,762 documents issued (including 52,851 “French family” documents, 15,158

“family member” documents and 14,753 for personal and family connections), compared to

81,605 in 2008, which is still lower than in 2006 and 2007.

25

Global trend

In 2009, the number of initial residence documents issued in Metropolitan France to EU third

country foreign nationals, countries in the European Economic Area that are not members of

the European Union and the Swiss Confederation was 193,300, which is a rise of over 5%

compared to 2008.

This global trend conceals a number of contrasting phenomena:

- the number of documents issued to third country nationals for professional reasons,

which decreased in 2006 and then stabilised in 2007, showed a strong increase between 2007

and 2008 (an increase of over 80%) and stabilised at a high level in 2009, even though this

was slightly below that reached in 2008 (19,657 in 2009 compared to over 21,300 in 2008);

- The decline in the number of documents issued to students and interns that started in

2003 was arrested in 2007 (+3.8% compared to 2006), with the trend clearly reversing

afterwards (+11, 6% in 2008 compared to 2007 and +11, 7% in 2009 compared to 2008);

- following a distinct decrease between 2006 and 2008, the number of documents

issued for family reasons showed a slight increase in 2009, whilst still remaining almost 14%

below that reached in 2006;

- the number of documents issued for humanitarian reasons, which increased in 2008

following a fall in 2007, went up again by 5.8% in 2009 compared to 2008.

26

2009 - Initial residence documents issued - Reasons for issue

Reasons

Total Family Education Work other

Total 193 300 87 474 53 309 19 657 32 860

PRINCIPAL NATIONALITIES

Algeria 25 452 17 778 3 952 838 2 884Morocco 24 983 16 104 4 999 2 360 1 520China (Hong Kong incl) 14 102 2 242 10 075 1 136 649Tunisia 12 184 7 249 2 726 1 739 470Turkey 7 417 4 911 499 673 1 334Mali 6 111 2 519 463 2 124 1 005USA 5 590 980 2 120 1 644 846Senegal 5 202 2 493 1 915 435 359Cameroon 4 685 2 638 1 184 129 734Russian Federation 4 228 1 230 1 121 312 1 565

Source : MI -SGII - DSED fig 12field: Metropolitan France

While the three countries of the Maghreb still account for 1/3 of documents issued to these

nationals, we can see that the considerable number of "student" documents issued to the

Chinese puts this nationality in third place, ahead of Tunisia .

3.22 Changes of status

68,750 changes of status were counted during the year. Over one third (34.7%) resulted in the issuing of a document for family reasons.

2009 - Change of status according to reason for departure

reason for departure

family study economic other

family 4 773 5 531 13 558

study 98 330 388

economic 820 8 335 2 869

other 28 872 809 2 370

29 790 13 917 8 231 16 815

fig 13

chan

ge fo

r th

e re

ason

of…

27

Nevertheless, we need to analyse this statistic carefully, as going from a temporary residence

permit (valid 1 year) to a residence permit (valid 10 years) is, in terms of categorisation,

considered as a change of status even if the reason remains the same. This explains the

considerable number of documents originally based on "family" or "economic" reasons for

which the change of status leads to a document bearing the reference "other" (temporary

"private and family life" documents issued for reuniting spouses can lead to a residence

document after 3 or 5 years and temporary "salaried employee" documents after 5 years).

3.23 Documents valid on 31st December 2009

On 31st December 2003, the last year when all European nationals were required to be in

possession of a document to stay in France, 3,423,663 foreigners held documents issued by

the Ministry of Interior, including 1,268,937 (37.1%) nationals of European countries who are

no longer subject to this requirement, and 2,154,726 third country nationals (other than the

European Union), being 62.9%.

The ten new member states joining in 2004, and Rumania and Bulgaria who joined in 2007,

led to temporary measures concerning the requirement to hold a document to settle in France.

In 2009, only nationals from the two latter countries wishing to take up salaried employment

are required to hold a document for any stay over three months.

On 31st December 2009, 2,273,118 third country foreign nationals held documents issued by

the Ministry of Immigration, an increase of 5.5% since 2003.

The ten most significant nationalities account for a little under two thirds of third country

nationals (73% in 2009).

Between 2003 and 2009, the Chinese and Cameroon nationalities show the greatest increases

in terms of nationals legally present in the national territory. Senegalese and Malian

populations staying in France have increased on a regular basis since 2003. The growth in the

Algerian population, at an average annual rate of close to 1% over the last three years,

continues for 2008 (+1.9%) and remains significant for 2009, in spite of a slight reduction.

28

Residence documents valid as at 31st December 2009according to validity period and reason for issue

according to main nationalities and validity period

Duration of document

Total 3 to 5 months6 to 11 months

12 months and longer

Total 2 273 228 2 647 19 952 2 250 629

Family 889 429 418 5 164 883 847Study 106 934 1 738 9 233 95 963

Economic 75 717 296 2 950 72 471other 1 201 148 195 2 605 1 198 348

Principal nationalities (excl EU-27)

565 572 160 1 664 563 748Morocco 452 517 196 2 000 450 321Turkey 183 524 72 1 019 182 433Tunisia 169 826 107 811 168 908China (incl Hong Kong) 66 609 546 2 183 63 880Mali 52 298 16 287 51 995Senegal 49 919 63 686 49 170Haiti 38 346 35 503 37 808Congo (DRC) 38 180 28 444 37 708Serbia 36 470 4 90 36 376

fig 15

rea

son

Algeria

The Moroccan population, which had been falling since 2006, started to rise again in

2007 (+0.7%), a trend which was clearly confirmed in 2008 (+2.4%); it is to be noted that the

number of documents held by Moroccans for professional reasons multiplied by a factor of

5.5 between 2007 and 2008, which should be seen as being in line with the introduction of the

three-year “seasonal worker” permit.

The total number of residence documents with a validity period of over one year accounts for

around two thirds of documents held by third country nationals.

However, it is advisable to remain prudent as to the real meaning of the rough level for these

figures. In fact, they cover foreigners whose residence permit is valid, which does not exclude

the possibility of:

- the possible departure of the foreign national from national territory ;

- the death of the foreign national which might only be accounted for after a certain

lapse of time;

29

- the acquisition by the foreign national of French citizenship, which again might not

appear immediately in the files.

Survey figures produced by INSEE differ from the statistics produced here. The main reasons

for this are:

- probable under-declaration in population surveys conducted by INSEE;

- an over-evaluation in AGDREF [Management application for the files of foreigners

in France], as mentioned above;

- an under-evaluation, in the same application, due to illegal immigration.

4. ILLEGAL IMMIGRATION AND RETURN

4.1 Interviews

76,355 illegal foreigners were called in for questioning in 2009.

The fall in numbers observed in 2009 is the result of a combination of several factors:

- the announcement of the dismantling of the “jungle” in Calais had a dissuasive

effect. This operation, carried out in 2009 to end the illegal occupation of private land,

generated a local reduction in migration pressure. Evacuation operations at illegally occupied

sites in the Calais area meant that thirty or so camps were dismantled in the third quarter of

2009;

- in addition to this, the fight against clandestine immigration networks also had a

direct impact on the number of interviews conducted with illegal migrants, which came as a

blow to the criminal activity of highly organised and professional organisations.

A large majority of those questioned (92.4%) were men. 79% of them belong to the 18-34 age

group and 14.4% are over 35;

Nationalities presenting the greatest numbers are: Afghanistan (20,765), Eritrea (5,330),

Morocco (5,255), Iraq (4,785) and Vietnam (4,610).

30

4.2 Expulsion orders

88,565 expulsion orders were issued in 2009. 11% (9,770) were for Algerians, 9.9% (8, 795)

Moroccans, 7.3% (6,430) Tunisians and 5.5% (4,860) Afghans.

18,400 orders were carried out. Of these, 2,930 (15.9%) were for Algerians, 2,890 (15.7%)

Moroccans and 1,620 (8.8%),Tunisians.

4.3 Assisted returns

Voluntary return procedures are managed by the OFII.

In 2009, the number of returns increased by over 20% compared to 2008, reaching 15,000.

Over 80% of these returns were on humanitarian grounds, particularly for Rumanian and

Bulgarian nationals residing in France in an extremely precarious situation.

4.31 Assisted voluntary return (AVR)

Eligible foreign nationals are persons who have been notified of the refusal to issue or renew

a residence document and who are subject to a requirement to leave French territory

(Obligation de quitter le territoire - OQTF) or a Prefectoral deportation order (APRF), if they

are not held in detention.

In 2009, 2,913 persons (including 496 spouses and children), mainly unaccompanied adults,

originating from China (420), Iraq (357), Russia (277) Algeria (223) and Afghanistan (161),

left the territory (NB: 2,227 returns made in 2008).

The resulting increase in the number of Iraqis and Afghans, mostly present in the Calais area

or Paris opting for voluntary return (NB: 127 Iraqis and 57 Afghans returned to their country

in 2008) is to be noted.

4.32 Assisted humanitarian return (AHR)

Eligible foreign nationals are those foreign nationals, including from the EU, who are

destitute or in a highly precarious situation, unaccompanied foreign minors at the request of a

magistrate or, where appropriate, requiring a family reunification, and any foreign national

who does not come within the scope of the AVR scheme.

31

In 2009, 12,323 persons (including 3,837 spouses and children), benefited from this

mechanism (10,191 humanitarian returns were organised in 2008). 10,177 Rumanians (83%

of beneficiaries) and 863 Bulgarians (7% of beneficiaries) returned to their country in this

way. Far behind the Rumanians and Bulgarians, the other nationalities are Brazilians (176),

Algerians (123) and Russians (81).

5. BORDER CONTROLS

The global indicator for entry refusals shows an upwards trend until 2005, going into reverse

from 2006, with a reduction in non-admissions and simplified readmissions in 2007. The year

2008 shows an increase in this respect, falling back again in 2009.

5.1 Refusals of entry to the territory

There were 14,280 refusals of admission to the territory in 2009, a reduction of 14.5%

compared to 2008.

Three quarters (78%) of these were effected at airports. The main reasons for refusal were

travel documents (32%), reason for entry considered unjustified (31%) and residence visa or

permit provided (30%).

The two major nationalities concerned are China (11% refusals) and Brazil (10.5%). These

are followed by: Morocco and Algeria (4.5%), Senegal (3%), Mali (2.7%), India (2.5%) and

Turkey (2.2%).

5.2 Simplified readmissions

As an adjunct to this, we should emphasize that re-admissions, jointly referred to as

“simplified re-admissions”, are also included in the figures, covering simple returns carried

out by police services without any waiting period by formal delegation of the Prefecture

without the implementation of any formal procedure by border authorities when the person

who has crossed the border illegally. These are to be distinguished from re-admissions which

32

follow a specific formal procedure (Prefecture decision) and are carried out after a certain

waiting period (organising for the foreign national to be returned, placement in detention, etc).

Simplified re-admissions are used to control entry and residence documents in the border

zone, and are not included in the figures for expulsion orders.

They numbered 11,178 in 2009.

6. ASYLUM AND INTERNATIONAL PROTECTION 5

This section of the report gives the data from the OFPRA activity report for 2009. This

document was produced during the first quarter of 2010. Here too, the figures commented on

differ slightly from the final figures currently published.

6.1 Applications for international protection

The statistics reproduced below cover all applications made in 2009, including initial applications and applications for review submitted during the same year (and therefore counted as initial applications for the previous or same year)

All of the statistics provided are exclusive of accompanying minors. However, as a preliminary and for the purposes of comparison, figures for these minors are given from 2003, the first full year when they were registered with the OFPRA.

6.11 Global applications, including accompanying minors

If we take accompanying minors into account (included in the figures by OFPRA since

2003), following an increase of 19.9% in 2008 compared to 2007, overall applications for

asylum (including accompanying minors) increased by 11.9% in 2009 (47,686 application)

compared to 2008 (42,599 applications).

5 Based on the 2009 Activity Report by the Office français de protection des réfugiés et apatrides (OFPRA) – April 2010 - http://www.ofpra.gouv.fr/documents/Rapport_Ofpra_2009_complet_BD.pdf

33

Trend in global applications for protection (incl accompanying minors) between 2003 and 2009

2003 2004 2005 2006 2007 2008 2009

initial applications, of which 59 768 58 545 49 733 30 748 29 387 35 404 42 118adult 52 204 50 547 42 578 26 269 23 804 27 063 33 235

accompanying minors 7 564 7 998 7 155 4 479 5 583 8 341 8 883

reviews 2 225 7 069 9 488 8 584 6 133 7 195 5 568

global applications, incl minors 61 993 65 614 59 221 39 332 35 520 42 599 47 686

fig 16

In 2009 accompanying minors account for 21% of initial applications and 18.6% of overall

applications. We can observe that, starting from the first year when full records were kept of

these persons, the proportion represented by them in terms of asylum applications rose

considerably, the fall that began in 2009 not being sustained in 2010.

12,7%13,7%

14,4%14,6%

19%

23,6%

21,1%

12,2% 12,2% 12,1% 11,4%

15,7%

19,6% 18,6%

10

12

14

16

18

20

22

24

26

2003 2004 2005 2006 2007 2008 2009

Trend in accompanying minors in asylum applications between 2003 and 2009

% of initial applications % of all applicationsfig 17

34

6.12 Total applications, excluding accompanying minors

Here we study all applications made in 2009, including initial applications and applications for review submitted in the same year (and therefore counted as initial applications for the previous or same year)

The drop in the number of applications for asylum that began in 2004 continued into 2007.

Since 2008, the trend has reversed, and applications for asylum are again on the increase.

The annual number of initial applications for asylum (excluding accompanying minors)

received by OFPRA increased every year between 1997 and 2003, rising from 17,405 in 1996

to 52,204 in 2003, therefore tripling in number over seven years. The reversing of the trend,

which began in 2004 with 50,547 initial applications received (–3.2% compared to 2003) and

continued into 2005 (42,578 initial applications), reached its highest level in 2006 with 26,269

initial applications (–38.3% compared to 2005). However, the pace of the decline slowed

down in 2007, with OFPRA receiving 23,804 initial applications ( –9,4% compared to 2006).

In 2008, the trend reversed, and the number of initial applications for asylum increased by

13.7% compared to 2007, reaching a total of 27,063 initial applications. The increase in

applications accelerated in 2009, with 33,235 initial applications recorded, +22.8% compared

2008.

35

Having observed a reduction in applications for review since 2006, followed by an increase

in 2008 (7,195 in 2008 against 6,133 in 2007, +17.3% compared to 2007), applications for

review started to fall again in 2009, with 5,568 applications recorded, a reduction of 22.6%.

Trends in initial asylum applications for 2009 An assessment of trends in initial asylum applications over the last few decades shows a

series of cycles. If we look at 2009 we find confirmation that applications are currently in a

growth phase.

Considerable changes occurred in that year in terms of the composition of asylum

applications. Their increase is mostly attributable to the rise in initial applications (+23%).

This recovery in terms of entry flow started in September 2008 and continued to rise during

2009. At the same time, review applications show a fall of 22.6%, going from 7,195 in 2008

to 5,568 in 2009. Initial applications now account for 86% of global applications excluding

minors, whereas they accounted for only 79% in 2008.

The distribution of asylum applications across the territory shows no major changes. As for

previous years, the Ile-de-France region remains the number one region for receiving

applications. After the Ile-de-France region, the four main regions of residence are: Rhône-

Alpes (10%), DOM-COM (6%), PACA (5 %) and Alsace (4%).

2009 shows a break with socio-demographic changes in terms of asylum applicants observed

since 2004. The proportion of women, which showed a constant increase for a number of

years, is falling - from 37.6 % in 2008 to 35.4 % in 2009.

Alongside this, the proportion of unmarried asylum applicants is on the rise again, (48% in

2008 and 49.2% in 2009). A great majority of these are men (73%). Of the applicants having

suffered family upheaval (widowhood, divorce and separation), women remain widely over-

represented: they account for 85% of widowed persons, 63% of divorcees and 62% of

separated persons. This overturning of trends needs to be analysed in terms of the growth in

initial applications and the main countries from which asylum applicants came in 2009. The

five biggest nationalities in 2009 (Kosovo, Bangladesh, Sri Lanka, Haiti, Guinea) show a

sharp increase compared to 2008. Men account for by far the biggest proportion of these

36

applicants. The biggest proportion of women relates to European applications for asylum

(41%), notably for Armenia, Azerbaijan and Russia.

However these new aspects have not been accompanied by a lowering in the age of the

population of asylum applicants, with the average age increasing slightly from 31.4 to 31.9

years. The asylum applicants with the youngest average age are Afghans (25.3 years), whilst

Haitians have the highest average age (38.3 years).

The archetypal asylum applicant in 2009 is an unmarried man, aged around 32 years and

coming from the European Continent.

In 2009, Kosovo became the number one country of origin of asylum applicants, with 3,048

initial applications, an increase of over 70% compared to the previous year. Of the main

countries of origin, only two types of influx show a reduction: Turkey (-8%) and Russia (-

6.7%). Between 2008 and 2009, two countries dropped out of the “top ten”: Mali and the

Comoros, and two joined it in the shape of China and Haiti (asylum applications from

Chinese persons having increased by over 90%). In 2009, the most marked increase in initial

applications came from the Asian continent (+44%).

The three top countries of origin (Kosovo, Sri Lanka and Armenia) alone account for a

quarter of applications. The proportion of the three top countries of origin of asylum seekers

has oscillated between 23% and 30% over the last ten years or so. This shows that the trend in

asylum applications is mainly based on variations in the main origins of influx.

Thus, between 2008 and 2009, applications from countries in the “top ten” increased by close

to 30%, whilst the total for other countries rose by only 15%. For ten years now, only fifteen

or so different countries have been in the “top ten”.

The distribution of asylum applicants by geographical origin across French territory in 2009

confirms the trends observed in 2008: a concentration of asylum applicants from Europe in

the southern and eastern regions (PACA); applicants of African origin in the majority in the

northern and central western regions; applicants from Asia, previously only found in the Ile-

de-France, now distributed across the entire territory, particularly in the South West region.

37

Continent 2009 % 2008 % Trend

2009/2008 (%)

EUROPE, of which 11 609 34,9% 9 310 34,4% 0,2Kosovo + Serbia* 3 454 10,4% 2 070 7,6% 0,7

Armenia 2 297 6,9% 1 532 5,7% 0,5Russia 1 961 5,9% 2 102 7,8% – 6,7 Turkey 1 826 5,5% 1 985 7,3% – 8,0

ASIA, of which 8 170 24,6% 5 651 20,9% 0,4Sri Lanka 2 617 7,9% 1 962 7,2% 0,3

China 1 542 4,6% 804 3,0% 0,9Bangladesh 1 375 4,1% 1 187 4,4% 0,2

AFRICA , of which 11 600 34,9% 10 797 39,9% 0,1DR Congo 2 113 6,4% 1 912 7,1% 0,1

Guinea 1 455 4,4% 1 050 3,9% 0,4Mauritania 1 069 3,2% 548 2,0% 1,0

Algeria 1 015 3,1% 874 3,2% 0,2AMERICAS , of which 1 697 5,1% 1 144 4,2% 0,5

Haiti 1 234 3,7% 830 3,1% 0,5Stateless persons 159 0,5% 161 0,6% – 1,2

TOTAL 33 235 100,0% 27 063 100,0% 0,2

Source : OFPRA fig 19

* Kosovo + Serbia: Kosovo, although independent since 17th February 2008, was still counted with Serbia for 2009 for reasons of comparison with 2008. In 2009, 3048 Kosovan and 406 Serbian applications were registered.

Principal nationalities for first applicatons for asylum in 2008 and 2009

Overseas the distribution is geographically based: American applicants are in the French

departments of America and Africans go to departments in the Indian Ocean.

Reviews

In 2009, the Office registered 5,568 applications for review, a drop of 22.6% compared to the

previous year. Since 2004, applications for review remained at a relatively high level, but they

reached the lowest level for the past five years. Reviews account for no more than 14% of

global applications excluding minors.

In part, this drop in the number of reviews can be explained by the fact that the effect of

asylum reform in 2004 had played itself out after five years, and also by the sharp drop in

applications for review from Malian and Mauritian people related to the issue of excision.

38

The main nationalities affected by application for review are, in decreasing order: Sri Lankans

(766), Turks (563), Armenians (491), Bangladeshis (471) and Russians (390). Apart from the

nationalities that regularly appear in the main channels of influx for review, we also note the

increase in the number of review applications submitted by Armenian and Russian asylum

applicants. For the Armenians these reviews are part of a general increase in the number of

asylum applications from them in recent years.

6.13 Applications pending on 31st December 2011

22,820 were being processed as at 31st December 2010. These files essentially concerned Sri-

Lankans (3,320), Russians (2,080), Armenians (2,055), Kosovans (1,610) and Bangladeshi

nationals (1,475).

6.2 International protection decisions

In 2009, OFPRA issued 46,194 first instance decisions, including 10,704 relating to

accompanied minors.

Activity excluding minors i.e. decisions issued on individual files (35,490), shows an 11%

increase compared to the previous year.

2006 2007 2008 2009

Admissions 2 929 3 401 5 153 5 048Refusals 34 786 25 922 26 648 30 283

Removals - Withdrawals 271 213 216 159

37 986 29 536 32 017 35 490

9 648 8 053 11 174 10 704

47 634 37 589 43 191 46 194

fig 20

Total first instance rulings (1)+(2)

Asylum applications - Files reviewed in first instance

Rulings excl. accompanying minors

Rulings on accompanying minors(2)

total excl. minors (1)

39

These decisions are notably characterised by:

• a reduction in the number of reviews of decisions issued, falling from 22% in 2008 to

17% in 2009 ;

• the fact that a quarter of decisions issued during the year relate to priority

procedures;

6.21 Admissions

Admission decisions comprise:

- first instance admission decisions by OFPRA following an initial application for

asylum or file review;

- cancellation decisions issued by the CNDA following initial refusal by OFPRA.

First instance admissions

OFPRA admitted 5,048 persons to its protection at a first instance approval rate of 14.3% i.e.

a two-point reduction compared to the previous year. This rate varies between 16.2% for

initial requests and 4.3% for reviews. The approval rate for priority procedures across all

types of procedure stood at 9.1%, compared to 11.1% in 2008.

77.3% of first instance admissions were approved under the Geneva Convention and 22.7%

under subsidiary protection.

They concerned Sri-Lankans (635), Congolese from the DRC (345), Russians (310) and

Guineans (300) in particular. For the latter nationality, there were a greater number of

approvals under subsidiary protection than under the Geneva Convention (175 compared to

125).

Rulings on the attribution of international protection

2008 2009

Geneva Convention

Subsidiary protection

TotalGeneva

ConventionSubsidiary protection

Total

First instance rulings (OFPRA)

4 480 673 5 153 3 907 1 141 5 048

CNDA 5 168 1 120 6 288 4 017 1 308 5 325

Total admissions 9 648 1 793 11 441 7 924 2 449 10 373

fig 21

40

Admissions following a cancellation decision by the CNDA

The National Court of Asylum issued a total of 19,565 decisions s in 2009.

72.6% (14,200) of these constituted a final refusal to grant this status and 5,325 were

cancellation decisions confirming initial refusal decisions issued by OFPRA.

75.4% of admission decisions following appeal were under the Geneva Convention and

24.6% under subsidiary protection.

They concerned Sri-Lankans (1,215 – more approval decisions than final refusals), Russians

(765), Armenians (395) and Turks (330) in particular.

Total admissions

The global rate of admissions (total number of OFPRA approval decisions plus CNDA

cancellation decisions) went from 36% in 2008 to 29.4% in 2009. In total, 10,373 persons

were placed under the protection of OFPRA in the course of the year. We have seen a gradual

reduction over several years in the proportion of cancellation decisions by the CNDA in terms

of the global number of admissions. This was 69% in 2005, falling to 51% in 2009, achieving

a balance between administrative and judicial bodies.

41

The number of approvals for subsidiary protection continues to increase. They now account

for 23.6% of all admission decisions. Following a period of growth between 2004 and 2007,

we observe a marked acceleration in the number of subsidiary protection approvals over the

last two years. The reasons for granting subsidiary protection are also undergoing marked

change. In fact, in previous years, an average of 75% of subsidiary protection approvals were

granted under section b of article L 712-1 of the CESEDA concerning torture, inhumane and

degrading punishment and treatment. This had stood at no more than 57% in 2009. The

remaining percentage was shared between: general violence arising from a situation of

conflict (17%), the extending of subsidiary protection to parents of children threatened with

excision (21%) and resettlement transfers (3%).

Women account for no more than 58% of those granted subsidiary protection for the year, this

mainly being explained by CNDA cancellation decisions, mostly related to male Sri-Lankan

asylum applicants.

In 2009, subsidiary protection was mainly granted by OFPRA and CNDA to Malians, Sri-

Lankans, Guineans, Kosovans and Armenians (in decreasing order).

As in 2008, the country with the highest rate of admissions for subsidiary protection is Iraq.

This can be explained by reception operations for Iraqis under refugee resettlement

programmes organised by the French Government. The high rates of admission for Eritreans

(69.6%) and Somalians (76%) are also the result of the reception of people granted protection

in Malta.

6.22 Registration refusals

Registration refusals remain marginal. In 2009, 775 files (680 in 2008) could not be registered

due to delayed submission after the expiry of the legal period of 21 days or an incomplete file.

Registration refusals (419 in 2009) account for 1% of asylum applications received for 2009,

in spite of the increased number due to the upward trend in global applications.

Close to 53% of registration refusals were followed by the submission of a complete

application in the same year.

42

6.23 Refusals

The number of refusals has still continued to fall over the last 3 years. We observe no change

to distribution by nationality for the greatest number of refusals. These remain: Turks,

Chinese, Congolese (DRC), Haitians and Algerians (in decreasing order).

6.24 Resettlements

The resettlement of refugees consists of the transfer of persons placed under the mandate of

the HCR of the country where they were first received to a State that agrees to take them in

and guarantee them sustained, effective legal and physical protection. In 2009, three

“resettlement” programmes were set up in France.

In 2008, the French Government signed a framework agreement with the Office of the United

Nations High Commissioner for Refugees for the resettlement of refugees. Approximately

two hundred persons made an application for asylum in France under this agreement in 2009.

Various nationalities are represented: Afghans, Colombians, nationals from the Russian

Federation, Uzbekistan, Sri Lanka and also Palestinians previously residing in Iraq.

Apart from this programme, France also started to take in Iraqis from vulnerable minorities in

that country from July 2008. In 2009, around 300 Iraqis (excluding accompanying minors)

were involved in this reception programme, which is not to be confused with resettlements

determined by the HCR.

Finally, in the summer of 2009, France responded to an appeal made by the Maltese

authorities and showed solidarity with this country by transferring persons who had obtained

international protection in Malta to France. This intra-EU transfer mainly concerned those in

receipt of subsidiary protection (74 adults). Persons taken in this way are mainly nationals

from the countries of the Horn of Africa (Eritrea and Somalia), but also Sudan, Ivory Coast

and Sri Lanka. In all, 77 adults and 18 accompanying minors came to France on that occasion.

A total of 493 admission decisions (including 77 for subsidiary protection) were issued as part

of resettlement programmes.

43

6.25 Withdrawals of status

In 2009, status was withdrawn from 160 persons: 135 men and 25 women.

These persons came from the Russian Federation (20), Afghanistan (20), Sudan (15) and

Somalia (10).

6.3 Dublin transfers

6.31 Applications made in France

In 2009, 2,648 applications were submitted in France. 45% were accepted and 55% rejected.

753 (28.4%) were initial applications and 1,895 (71.6%) repeats.

The rate of acceptance was 29.6% for initial applications and 50.3% for repeats.

820 transfers were made to France, around three quarters of which (73.7%) were repeats.

Almost all initial applications were requests relating to asylum applicants already in

possession of a residence permit or visa issued by France or who had entered another member

state illegally from a French border.

Repeat applications are mainly for asylum applicants for whom an application was already

underway in France (57.7%) or whose application had already been rejected by France

(38.7%).

5 countries account for almost three quarters of requests submitted to France: Germany

(23.8%), Switzerland (14.5%), the Netherlands (12.6%), Belgium (12.5%) and the United

Kingdom (10.9%).

44

2009 - Dublin II - incoming requests

RequestsTotal Accepted Refused

2 648 1 176 1 464 820

Total new applications 753 223 530 216

Family reasons (Art.6, Art.7, Art.8, Art.14)

28 8 20 6

Reason for entry and documents held (Art.9, Art.10, Art.11, Art.12)

713 214 499 210

Humanitarian clause(Art.15) 12 1 11 0

Total repeat applications 1 895 953 934 604

Withdrawal of application during Dublin procedure (Art. 4.5)

16 7 1 7

Application under review (Art.16.1c)

1 094 313 781 290

Withdrawal and new application (Art.16.1.d)

52 1 51 0

Refusal of application (art.16.1.e)

733 632 101 307

fig 23

Transfers

45

2009 - Dublin II - incoming requests

Family reasons (Art.6, Art.7, Art.8, Art.14)

Reason for entry and

documents held (Art.9,

Art.10, Art.11, Art.12)

Humanitarian reasons (Art.15)

Withdrawal of application

during Dublin procedure (Art. 4.5)

Application under review

(Art.16.1c)

Withdrawal and new

application (Art.16.1.d)

Refusal of application (art.16.1.e)

Belgium 3 89 3 137 7 91Bulgaria 1Czech Republic 1 2Denmark 20 10 2 5Germany 164 3 263 8 191EstoniaIreland 6 1 10 1 7GreeceSpain 13 12 1 8Italy 3 5 36 1 20Cyprus 2Latvia 2Lituania 1 3 1Luxembourg 3 9 3 8Hungary 1 3 5 3Malta 1Netherlands 2 97 4 137 3 90Austria 5 28 1 44 5 24Poland 3 3 2 6Portugal 1 3 1 2Romania 1 3 1Slovenia 1 4Slovakia 1 3 2Finland 23 10 7Sweden 2 86 1 53 46Great Britain 20 3 1 181 7 77IcelandNorway 2 49 28 9 14Switzerland 4 89 1 8 140 7 134

Total 28 713 12 16 1 094 52 733fig 24

New applications Repeat applications

6.32 Applications made by France

In 2009, France made 5,349 applications to its partners, 64% of which were accepted and

19% rejected.

1,010 transfers were made to partner states.

Almost all initial applications made by France were requests relating to asylum applicants

already in possession of a residence permit or visa issued by another country or who had

entered France illegally.

Repeat applications were mainly for asylum applicants for whom an application was already

underway in another country (88.7%) or whose application had already been rejected (8.7%).

46

2009 - Dublin II - Requests made

ApplicationsTotal Accepted Refused

5 349 3 430 1 006 1 010

Total new applications 1 052: : :

Family reasons (Art.6, Art.7, Art.8, Art.14)

99: : :

Reason for entry and documents held(Art.9, Art.10, Art.11, Art.12)

952

: : :

Humanitarian clause(Art.15) 1: : :

Total repeat applications 4 297: : :

Withdrawal of application during Dublin procedure (Art. 4.5)

34

: : :Application under review (Art.16.1c)

3 813: : :

Withdrawal of new application (Art.16.1.d)

78: : :

Refusal of application (art.16.1.e)

372: : :

fig 25

Transfers

France made requests to all partner countries apart from Estonia, with the following in the top 5 positions: 26% to Poland, 12.7% to Italy, 11.4% to Greece, 8.3% to Germany and 7.4% to Hungary.

47

2009 - Dublin II - incoming requests

Family reasons (Art.6, Art.7, Art.8, Art.14)

Reason for entry and

documents held (Art.9,

Art.10, Art.11, Art.12)

Humanitarian reasons (Art.15)

Withdrawal of application

during Dublin procedure (Art. 4.5)

Application under review

(Art.16.1c)

Withdrawal and new

application (Art.16.1.d)

Refusal of application (art.16.1.e)

Belgium 4 28 5 144 7 19Bulgaria 6 4 4Czech Republic 3 18 29 1 16Denmark 5 8 1 2Germany 10 33 4 357 6 33EstoniaIreland 2 11 1Greece 273 3 298 8 30Spain 146 2 113 7 15Italy 11 153 1