First, you can become French automatically.
Second, the acquisition of French nationality is possible provided certain conditions are met.
Third, the application for naturalization must be submitted to the administrative authority.
In general, a lawyer can accompany you in order to maximize your chances of success.
Attribution of French nationality
The child, born to two French parents, is French.
Any child, one of whose parents is French, is also French.
The child, born in France, is French when one of his parents was also born in France.
The full adoption of a child automatically grants him the French nationality of his adoptive parent. On the other hand, simple adoption has no effect on the nationality of the adoptee.
In general, a child's parentage has no effect on nationality unless it is established during his minority.
Acquisition of French nationality by birth
Not all foreigners are required to hold a visa to enter the Schengen area.
Any child born in France to foreign parents automatically acquires French nationality upon reaching the age of majority, subject to fulfilling a residence condition for a continuous or discontinuous period of 5 years since the age of 11.
Foreign nationals acquire nationality from the age of 16 or 13, if the condition of habitual residence in France is met from the age of 8.
A minor child, one of whose parents acquires French nationality, becomes French as of right, subject to having the same habitual residence.
Acquisition of French nationality by marriage
Generally speaking, marriage has no effect on nationality.
On the other hand, foreigners who have been married for 4 years with a spouse of French nationality can obtain French nationality. In this case, the foreigner must justify a community of life, both emotional and material, and a sufficient knowledge of the French language.
The annulment of the marriage has no effect on the nationality of the children resulting from it.
Acquisition of French nationality by declaration of nationality
- Adopted or fostered child
Simple adoption has no effect on the nationality of the adoptee.
On the other hand, a child who has been the subject of a simple adoption by a person of French nationality may, until he or she comes of age, declare that they are claiming the status of French.
In this case, he must reside in France on the date of the declaration, unless the adopter does not usually reside in France.
In the same way, the child taken in by court order, for at least three years, and brought up by a person of French nationality or entrusted to the service of social assistance to children can claim French nationality.
A foreigner, aged at least 65, who has regularly and habitually resided in France for at least 25 years, and who is directly related to a French national, can claim French nationality.
A foreigner who has habitually resided in France since the age of 6 can obtain nationality when he comes of age if he has completed compulsory education in France and if he has a brother or sister who has acquired nationality.
Acquisition of French nationality by naturalization
Naturalization is a method of acquiring French nationality.
The acquisition of French nationality is a decision of the public authority granted by decree at the request of the foreigner.
Naturalization by decree is not automatic. It results from a discretionary decision on the part of the French authorities.
Conditions for applying for naturalization
- Place of residence: have a 5-year residence in France
In certain cases, the required length of residence is 2 years, in particular when the foreigner holds a diploma from a French higher education institution after 2 years of study.
Foreigners benefiting from refugee status or coming from a French-speaking country have no minimum period of residence to justify.
The foreigner must hold a valid residence permit at the time of filing his application.
- Assimilation into the French community
Assimilation to the French community abroad means that the foreigner must adhere to the essential principles and values of the Republic, and sufficiently know the history and culture of France.
Generally, the Prefecture carries out an interview to verify that this condition is met.
- Knowledge of the French language
To acquire French nationality, the foreigner must justify having oral and written level B1.
Foreigners holding a French diploma do not have to produce a specific certificate to justify mastery of the French language (national diploma of the patent, CAP, BEP, Baccalaureate, DEUG, BTS, DUT, License, Maîtrise, Master or Doctorate) .
When the foreigner has studied in French in a French-speaking country, he is exempt from presenting this certificate.
Foreign nationals who have been refugees in France for at least 15 years and over 70 years are exempt from producing a certificate of achievement.
Foreign nationals whose state of health does not allow their language level to be assessed are also exempt from producing a certificate of achievement.
In other cases, the foreigner must present a certificate of achievement of less than 2 years.
Professional integration is an essential condition for assimilation and integration in France.
You must justify stable and regular income over the last three years preceding the application for naturalization.
The nature of the employment contract is irrelevant.
- Morality and absence of criminal convictions
The foreigner must be of good moral character, and not have been the author of acts contrary to public order.
How to apply for naturalization?
The foreigner wishing to apply for naturalization must put together a file.
This file must be submitted to the naturalization platform of the foreigner's place of residence.
Generally, you must send the complete file by post with a registered letter with acknowledgment of receipt.
Deadline for examining cases
The public authority's response to a naturalization request must be made within 18 months.
If the foreigner has been habitually resident in France for at least 10 years, the response from the public authority must be made within 10 months.
The extension of these deadlines is possible.
THE CONDITIONS FOR ACCESS TO FRENCH NATIONALITY
Nationality is the legal bond that binds an individual to a State.
This link entails for the individual a series of rights and duties of a political and legal nature, being able to vote, work in the public service or perform national service, for example.
Choosing to become French is a strong commitment for oneself but also for one's children.
French nationality is obtained in two ways:
We are born French OR we become French during our lifetime.
Under certain conditions, it is possible to possess another nationality at the same time.
There are sometimes obstacles to the acquisition of French nationality.
The main provisions applicable to French nationality can be found in the Civil Code, from article 17 to article 33-2:
To consult the articles of the Civil Code
To be born French: the attribution of French nationality
You are born French by right in two cases:
- because one is a child of a French father and/or mother.
- because one was born in France but generally, the simple birth of the child in France is not enough, it will be necessary to fulfill other conditions.
→ When you are a child of a French parent (father and/or mother): the principle of blood rights
Applicable text :
Articles 18 to 18-1 of the Civil Code
A child is French from birth,
even if this child was born abroad , if at least one of his parents is French and has recognized him (if necessary).
Filiation must be established before the child reaches majority: if it is established after birth, nationality will still be recognized from the day of birth.
The same rule applies for a child who has been the subject of a full adoption by a French person.
The parent must be born French or have obtained French nationality BEFORE the birth of the child.
If at the birth of the child, both parents were foreigners but one of them (or both) becomes French
AFTER the birth, under certain conditions, the
minor child may benefit from the
collective effect and become French too.
Under certain conditions, the child may choose to renounce his French nationality: this is the procedure for the repudiation of French nationality.
To avoid statelessness, he cannot repudiate French nationality if he does not demonstrate that he has, by descent, the nationality of a foreign country.
→ When you were born in France to parents who were themselves born in France: the principle of double jus soli
Applicable text :
Article 19-3 of the Civil Code
The double birth in France, of the parent AND of the child, allows the child to become French immediately.
- The special case of children of nationals of former French colonies
Many people lost French nationality when their country gained independence. However, these people are considered to have been born on French territory if they were born
BEFORE the independence of their country.
For their child to be French from birth in France, it will be necessary to take into account
the date and place of birth of the parent AND the date of birth of the child.
- For children of Algerian nationals
Is French by double jus soli, the child born in France
after January 1, 1963 of a parent born in Algeria
before July 3, 1962.
- For the children of nationals of other colonies
Is French by double jus soli, the child born in France
before January 1, 1994 ofa 1parent born on a former overseas territory or on a former colony (territories under trusteeship and protectorates are not covered )
before gaining independence..
To consult the dates of accession to independence:
Summary table of the dates of accession to independence of territories under French sovereignty or under protectorate/trusteeship
Under certain conditions, the child may choose to renounce his French nationality: this is the procedure for the repudiation of French nationality.
→ For the child who is born in France to a stateless foreign parent or who has not been able to transmit his nationality to him OR who is born of an unknown parent
Applicable text :
Articles 19 to 19-2 of the Civil Code
A child born in France to foreign parents born abroad may,
EXCEPTIONALLY by simple jus soli , be granted French nationality solely because of his birth in France, to prevent him from being stateless.
If during the minority of the child, the parents obtain a foreign nationality and transmit it to their child, the child will be deemed never to have been French.
Under certain conditions, the child may choose to renounce his French nationality: this is the procedure for the repudiation of French nationality.
When the child is born of unknown parents, if the filiation of the child is established during his minority with regard to a foreign parent, the child will be considered to have never been French and he will obtain the nationality of his parent UNLESS that parent is stateless or cannot pass on his nationality to him due to the laws of his country.
Becoming French: acquiring French nationality
There are different possibilities that will allow a person who was not born French to become one.
Three situations can be distinguished:
- The automatic acquisition of nationality which will be done without formalities for the young person born in France of foreign parents (themselves born abroad) when he is 18 years old.
- Acquisition by declaration , which concerns: young people born in France to foreign parents who wish to obtain French nationality in advance, French spouses, children adopted by a French person or taken in by a French person or
- Acquisition by naturalization or by reinstatement by decree: the administration will have a wide discretionary power because even if the legal conditions are met, it may refuse the request.
→ When you are born in France to foreign parents (themselves born abroad), at 18: the principle of jus soli
Applicable text :
Article 21-7 of the Civil Code
A child born in France to foreign parents can automatically become French when they come of age, but they must meet TWO conditions:
- Being born in France:
- Proof of birth in France is generally established through a civil status document, the birth certificate for example.
- Have had a continuous or discontinuous habitual residence of at least 5 years in France since the age of 11:
- Proof of habitual residence of at least 5 years since the age of 11 can be provided by certificates of education, internship certificates, work certificates, for example.
Proof of habitual residence of at least 5 years since the age of 11 can be provided by certificates of education, internship certificates, work certificates, for example.
This young person may also renounce French nationality if he so wishes.
Special case of brothers and sisters of people who have acquired nationality by simple jus soli or because of their residence in France
Applicable text :
Article 21-11 of the Civil Code
Contrary to the automatic acquisition of nationality at 18, which is done without formalities, the young person will have to show his desire to become French.
Two situations can be distinguished:
- The minor child can himself, from the age of sixteen , claim French nationality by declaration.At the time of his declaration, he must reside in France and he must have had his habitual residence in France for a continuous or discontinuous period of at least five years, since the age of eleven .
- The parents of a minor child can claim French nationality for their child by declaration when he is thirteen years old . At the time of his declaration, he must have his residence in France and he must have had his habitual residence in France for a continuous or discontinuous period of at least five years, since the age of 8 years .
The consent of the minor is necessary, except if he cannot express his will due to an alteration of his mental or bodily faculties. Under certain conditions, he may renounce French nationality:
From birth until becoming French, minors born in France to foreign parents will be able to benefit from a Republican identity document which will allow them to travel abroad in particular. To find out more,
See the stay of minors, circulation documents
→ When you are a French spouse
Applicable text :
Articles 21-1 to 21-6 of the Civil Code
A foreigner or a stateless person who marries a French national can,
four years after the celebration of the marriage , apply for French nationality.
He is also informed of this procedure during the celebration of the marriage.
However, the acquisition of nationality by marriage is
not automatic , it must be requested through a declaration procedure.
Several conditions must be met :
- The community of life between the spouses must not have ceased and must not cease in the year following the registrationof the declaration otherwise there will be a presumption of fraud which will allow the public prosecutor to challenge the registration
of the declaration in a period of 2 years : to find out more,see French nationality, access procedures
REMINDER:If the offense of marriage of convenience (with the aim of obtaining a residence permit or French nationality) is characterized, according to article L 823-11 of the CESEDA,a penalty of 5 years' imprisonment is incurred as well a fine of 15,000 euros.
When the marriage is dissolved due to the death of the French spouse or a divorce, cohabitation no longer exists and the foreign spouse can therefore no longer become French by marriage.
- If the couple resides in France, the foreign spouse must be in a legal situation.
A survey is conducted to verify the reality of the living community. To find out more about the investigation,
see the circular of December 29, 2009
- The French spouse must have retained their French nationality. The period of cohabitation is increased to five years when the foreigner, at the time of the declaration, either does not justify having resided uninterruptedly and regularly for at least three years in France from the marriage, or is not able to provide proof that their French spouse was registered, for the duration of their living community abroad, in the register of French nationals living outside France.
The marriage celebrated abroad must have been previously transcribed in the French civil status registers. To find out more,
See the private and family life residence permit, marriages celebrated between French people and foreigners in a foreign country
- The person who wishes to become French by marriage must have sufficient knowledge of the French language.
The Government can oppose the acquisition of French nationality within a period of 2 years
for unworthiness or lack of assimilation : it will have to carry out an investigation.
If the applicant is in a situation of effective polygamy or if he has been convicted of violence resulting in mutilation or permanent disability on a minor under 15 (such as excision for example) this necessarily amounts to a lack of assimilation .
In the event of opposition from the Government, the French spouse is deemed never to have acquired French nationality.
→ When one is adopted by a French person or taken in by a French person or institution
Applicable text :
Article 21-12 of the Civil Code
Some children may, until their majority, declare that they claim French nationality, provided that they reside in France at the time of the declaration.
This possibility concerns:
- the child who has been the subject of a simple adoption by a French person. This child is not subject to the condition of residence in France when the adopter does not have his habitual residence in France.
- a child who, for at least five years, has been fostered in France and brought up by a person of French nationality.
- a child who has been entrusted to the child welfare service for at least three years: this young person must have been entrusted to social welfare before the age of 15.
- the child taken in in France and brought up in conditions which enabled him to receive, for at least five years,
- a French education, either by a public organization, or by a private organization presenting the characteristics determined by a decree in Council of State.
→ When one is ascendant of French
Applicable text :
Article 21-13-1 of the Civil Code
The direct ascendants of French people aged at least 65 and justifying at least 25 years of regular residence in France can submit an application for French nationality.
→ When one has been wrongly considered as French by the French administration and one has behaved like a Frenchman: this is the possession of French status
Applicable text :
Article 21-13 of the Civil Code
The person who has been considered French by mistake for
at least ten years continuously by the French administration, and who has himself, in good faith, considered as French, can regularize his situation by subscribing to a declaration of nationality French.
This
possession of status results in the possession of official French documents (identity card, passport, electoral card, etc.), but also in the fact of having behaved like a Frenchman (compliance with national service obligations, participation in electoral life, etc.).
It is the one who declares himself French who must prove it and he must act within a reasonable time.
For example, when this person discovers that he is not French at the time of the refusal of renewal of his identity card or the rejection of his application for a certificate of French nationality, he will have to react quickly.
→ The acquisition of French nationality by naturalization or by reintegration
Naturalization is not a right. This is a request made by a person who does not have a link with France such that he could become French automatically or by declaration.
Since January 1, 2011, foreigners who wish to submit a request to the prefecture for a declaration of French nationality by marriage must pay an OFII tax stamp duty in the amount of 55 euros. Truly indigent persons recognized as unable to pay the amount are exempt.
Applicable text :
Articles 21-15 to 21-27 of the Civil Code
The conditions to be met to be naturalized:
- To be of age.Naturalization may be granted to a minor child who has remained a foreigner, although one of his parents has become French, if he proves that he has resided with him in France during the 5 years preceding the filing of the application.
- Reside in France in a habitual, continuous and regular manner (under residence permits for example) for 5 years, which is also called " the internship condition ".
There are exceptions, the 5-year period can be reduced or eliminated depending on the case.
If the spouse and the children reside abroad, the applicant risks a refusal or a postponement of his application. The administration will generally recommend that he bring his family by family reunification: to find out more,
see family reunificationsee family reunification unless the applicant can explain the presence of his family abroad, if the couple is separated or in the process of divorce for example.
- Have the center of their material interests in France : professional, movable or immovable income must come from France.
Many applications for naturalization are rejected because of insufficient or unstable (short-term work contracts, for example) income.
The circular of October 16, 2012came to clarify the criteria concerning professional integration and the regularity of residence within the framework of the examination of applications for naturalization. Thus, there must be an assessment of the entire professional career (consistency and perseverance in particular) and no longer only of the situation of the applicant at the time of submission of the file. It does not matter the nature of the contract if the resources are stable and sufficient and the nature of the student title should not lead to automatic rejection if professional integration is proven. In addition, periods spent in illegal residence must no longer generate systematic refusals: the regularity of residence is mandatory at the time of filing and during the last 5 or 2 (if exemption from internship or reduction of the period to 2 years) last years.
To consult the text
The circular of June 21, 2013 called for a relaxation of prefectural practices on 3 points and recommends:
- abandonment of taking into account periods of unemployment, successions of precarious contracts to justify refusals, difficulties of access to employment for students or graduates presenting a “manifest potential of employability” (sectors of excellence or specialty presenting an economic or scientific utility for France).
- with regard to the behavior of the foreigner, an assessment as a whole and not only in the light of isolated, minor or old shortcomings.
- with regard to the offense of aiding illegal residence, an absence of sanction when it is provided to close family members (parents, spouses, children).
To consult the text
- Being assimilated into French society, this being justified since the law of June 16, 2011 "by sufficient knowledge, according to one's condition, of the French language, history, culture and society and of the rights and duties conferred by French nationality as well as by adherence to the essential principles and values of the Republic".
With regard to knowledge of French history, culture and society: during the individual interview, the prefectural agent will assess the applicant's level of knowledge,
depending on his or her condition , of history, French culture and society. These methods will be specified, along with others, in an assimilation interview guide which will be made available to the prefectures.
The decree of August 30, 2013 specifies that "the applicant must demonstrate a level of knowledge of French history, culture and society corresponding to the fundamental elements relating to the major landmarks in the history of France, to the principles, symbols and institutions of the Republic, to the exercise of French citizenship and to the place of France in Europe and in the world”.
The decree abolishes the references to the level of the end of primary studies as well as the use of a MCQ for the evaluation. The area / level of knowledge required illustrated in a booklet given when filing the file.
A new procedure for checking the assimilation of applicants replaces, on an experimental basis, the individual assimilation interview with an interview with a commission specially created for this purpose.
The decree of 30/08/2013 sets the designation of the department or departments in which this commission will be created and determines its composition. The departments concerned by the experiment are Meurthe-et-Moselle, Meuse, Moselle and Vosges.
At the end of the control of his assimilation by the prefecture, the foreigner will have to sign the charter of the rights and duties of the French citizen which was approved on January 31, 2012. This charter, which recalls the principles (freedom, equality and fraternity) , values and essential symbols of the French Republic (anthem, flag, motto, etc.) must be signed by anyone applying for French nationality. It must also be given during the reception ceremony for French nationality to all persons who have acquired French nationality by naturalization or by declaration, but also to all young people participating in the defense and citizenship day.
To consult the text
Be of good character and morals: this is reflected in particular by the fact of never having been the subject of a judicial conviction in France and abroad, if the foreigner has resided in France for less than 10 years .
An extract from the French criminal record must be provided when filing the file:
https://www.cjn.justice.gouv.fr
The conditions to be met to be reinstated in French nationality by decree
The conditions for obtaining reinstatement by decree are the same as those required for naturalization with the exception of two:
You must prove that you have been French in the past and the condition of residence in France of 5 years is not required nor that of age.
To find out more about the procedure to follow:
See French nationality, access procedures
There is another very specific procedure for
reinstatement by simple declaration for:
- people who have lost French nationality due to a marriage with a foreigner or the acquisition by individual measure of a foreign nationality. They must have retained or acquired clear links with France, in particular of a cultural, professional, economic or family nature in accordance with article 24-2 of the Civil Code .
- people who have held certain public offices in the past (former members of the Parliament of the Republic, of the Assembly of the French Union and of the Economic Council who have lost French nationality and acquired a foreign nationality) can be reinstated in the French nationality by simple declaration, when they have established their domicile in France: their widowers or spouses and their adult children are also concerned by this procedure provided for in article 32-4 of the Civil Code
- minors who have lost their French nationality due to the automatic loss of French nationality of their parents, can at their majority and if they reside in France request reinstatement. This case is provided for by the Strasbourg Convention of 6 May 1963: to find out more, See obtaining several nationalities.
These three categories of people will be automatically reinstated in French nationality, unlike people who request reinstatement by decree.
Get multiple nationalities
When a person becomes French, French law provides that this has no effect on their original nationality and in practice, they can generally keep it and therefore be binational.
This person will however be considered as a French person by the French authorities.
However, since the law of June 16, 2011, when acquiring French nationality by decision of the public authority or by declaration, the foreigner must indicate to the competent authority the nationality or nationalities he already possesses, the or the nationalities that he retains in addition to the French nationality as well as the nationality or nationalities which he intends to renounce.
To find out in which country she will have to perform her national service, you must refer to the bilateral or multilateral agreements concluded for this purpose: for more information, see
>www.diplomatie.gouv.fr
It may happen that by becoming French you lose your nationality of origin and it is the law of the country of origin which will specify it,
it is therefore necessary to be well informed.
Conversely, it was also possible to lose French nationality when obtaining the nationality of one of the signatory countries of the Strasbourg Convention of 6 May 1963: to consult the list of signatory countries,
conventions.coe.int
Since March 5, 2009, France denounced Chapter I of the Strasbourg Convention and henceforth, the voluntary acquisition of the nationality of one of the States parties to this convention by a French national no longer automatically entails the loss of French nationality.
In addition, persons who, in the past and on the basis of this convention, have lost French nationality by acquiring another nationality,
can henceforth, at their request, be reinstated in French nationality by declaration to be subscribed before the consular authority.
Sources: Ministry of Foreign and European Affairs and
decree of March 31, 2009 publishing the denunciation of Chapter I of the convention and of the second protocol.
Impediments to the acquisition of French nationality
Depending on the situation, a foreign person cannot become French or be reinstated in French nationality if:
- they have either been the subject of a conviction for crimes or misdemeanors constituting an attack on the fundamental interests of the Nation or an act of terrorism, or, whatever the offence, if they have been sentenced to an equal or greater penalty six months' imprisonment, not accompanied by a suspended sentence.
- it has been the subject either of an expulsion order that has not been expressly revoked or repealed, or of an interdiction from
French territory that has not been fully executed: to find out more, See the measures of removal.
The same applies to a person whose stay in France is irregular .
Minors born in France of foreign parents who request French nationality at age 18 or in advance,those who have been adopted or taken in by French people or institutions or finally those who have benefited from the collective effect are not concerned by these impediments.
Page checked on June 24, 2021
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