If your préfecture has gone silent, you are not stuck. French law sets deadlines for the préfecture, gives you rights while you wait, and offers quick ways to make it act. In practice, the right step at the right moment often unblocks a file within weeks.

In short

  • The préfecture has 90 days from a complete application to decide (from 30 October 2026; before, 4 months).
  • Silence is not the end: after 90 days it counts as a refusal, which you can challenge.
  • Renewing on time? You are entitled to an attestation de prolongation d'instruction when your card expires.
  • A judge can order the préfecture to act, sometimes within days, when the situation is urgent.
  • The first move is usually a letter, not a lawsuit.

Find your situation

1. I cannot get an appointment, or ANEF will not let me apply

The préfecture must register a complete application within a reasonable time. If ANEF blocks you, there is a support service and then an alternative way to file. When nothing works, the tribunal administratif can order the préfecture to give you an appointment. Keep screenshots of your attempts over several weeks: they become your evidence.

2. I was asked for documents, and nothing has happened since

Until your file is complete, the clock does not run. Answering the request fully, and keeping proof of what you sent and when, is what starts the 90 days. Sometimes the request itself goes beyond what the law allows, and that can be checked.

3. I renewed on time, my card has expired, and I have no attestation

This is one of the easiest situations to fix. If you filed a complete renewal between the 120th and the 60th day before your card expired, the préfecture must issue an attestation de prolongation d'instruction, without you having to ask. If it does not, a judge can order it, often within about two weeks.

4. My application has been "en cours d'instruction" for months

After 90 days from a complete application, the silence becomes an implicit refusal (décision implicite de rejet). That sounds bad, but it is what opens the door to action: you can ask for the reasons, and challenge the refusal before the tribunal administratif, with an urgent référé if your situation cannot wait.

5. It is my first card, or I am changing status

A first card, or a switch such as student to employee, follows the same deadlines. The difference is that a judge will expect concrete proof of urgency: a job offer that will lapse, a contract, studies, a move. Gather it early.

6. I am the family member of an EU citizen

You have stronger rights under EU law: an attestation when you apply and a card within 6 months. If the préfecture treats your file as an ordinary application, that is worth correcting.

Not sure which situation is yours, or whether a deadline is already running? A short consultation is enough to check your dates.

Why legal action often speeds things up

Calling again or sending another ANEF message rarely changes anything. A precise letter that sets out the facts, the rules and the deadlines already passed is taken more seriously. And when a case reaches the tribunal administratif, the préfecture has to review the file to answer the judge, which in practice often takes the file out of the queue.

What a lawyer does for you

  • Works out your exact dates: when the file became complete, when the silence turned into a refusal, how long you have to act.
  • Checks your documents, including the acknowledgment of receipt, which decides whether the short appeal deadline applies.
  • Writes the formal request to the préfecture and, where useful, refers the matter to the Défenseur des droits.
  • Files the urgent référé or the appeal if the préfecture still does not act, and follows the file until you have your card.

When to act quickly

  • Your card has expired and you have no attestation.
  • A job, a lease or a trip depends on your document.
  • The silence may already have turned into a refusal: appeal deadlines can then be short.
  • You received an explicit refusal with an obligation to leave France (OQTF): deadlines can shrink to days.

Frequently asked questions

My préfecture is not responding. How long do I have to wait?

From 30 October 2026, the préfecture has 90 days from a complete application, sometimes extended by 30 days for complex files. After that, you no longer have to simply wait.

Is the ANEF filing receipt enough to stay and work in France?

No. It only proves that you applied. If you renewed on time, you are entitled to an attestation de prolongation d'instruction.

Can I take the préfecture to court for not answering?

Yes. Silence becomes an implicit refusal that can be challenged before the tribunal administratif, and urgent situations can go through a référé.

What if I cannot get an appointment at the préfecture?

The préfecture must register your application within a reasonable time. If repeated attempts fail, a judge can order it to give you an appointment.

Can I travel while my application is pending?

Without a valid card or a document allowing re-entry, travelling is risky. Check your exact document before booking.

Related reading

Two ways to move forward

Check where your file stands. In a consultation, your dates, documents and options are reviewed, and you leave knowing which step fits your situation. Book a consultation.

Hand over the follow-up. The firm prepares and sends the formal request to the préfecture, takes the matter to the tribunal administratif if needed, and follows it until your card is issued. Describe your situation and you will receive a proposal for full assistance.

General information under French law as at 29 October 2026. It is not legal advice for your situation.