Her apartment appears unoccupied, Lille prefecture blocks her Moroccan wife from joining him
Living in France since 1989, a Moroccan man wanted to bring his wife over under the family reunification procedure. Despite having a permanent employment contract, monthly resources of 2,093 euros and sufficiently spacious accommodation, his application was rejected. One detail concerning his apartment had notably worked against him.
The Moroccan national arrived in France in September 1989 and holds a residence card valid from 1 June 2018 to 31 May 2028. On 19 June 2023, he married a Moroccan national.
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On 7 August following, he submitted an application to the French Office for Immigration and Integration (OFII) for family reunification, in order to allow his wife to join him. In January 2024, the OFII informed him that its examination was complete and that his file had been forwarded to the prefecture.
But no authorization arrived. The silence of the prefect of Nord gave rise to an implied decision to reject the application. The Moroccan man then brought the case before the Lille Administrative Court.
A 48 m² apartment that appears empty
The OFII’s assessment had nevertheless been favorable on the two main criteria examined. The Moroccan man has been working full-time on a permanent employment contract since 1 April 2021. His resources averaged 2,093 euros gross per month over the previous twelve months. The OFII had determined that they met the conditions required for family reunification.
The same finding applied to his accommodation. The apartment has a surface area of 48 m², whereas the minimum surface area required in his situation was 24 m².
One problem had nevertheless been noted: the mayor of Halluin had issued an unfavorable opinion because the accommodation appeared unoccupied. But, for the court, this finding was not sufficient. The apartment was undergoing renovation and painting work, which could explain its appearance. Above all, the regulations require the applicant to have suitable accommodation on the date when his family arrives.
In its judgment of 30 July 2026, the Lille Administrative Court found that the Moroccan man met the conditions relating to resources and accommodation. The prefect of Nord, who had moreover submitted no defense brief, invoked no other grounds capable of justifying the refusal of family reunification.
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The implied rejection decision was therefore annulled. And the court did not simply order the prefecture to reconsider the case: it ordered it to admit the Moroccan wife for residence under the family reunification procedure within two months of notification of the judgment. The State must also pay the Moroccan man 1,200 euros for his legal costs.
