French Nationality Law

There are various ways a person can acquire French citizenship, either at birth or later on in life.

Here a Link from the French administration, indicating the links to each option: https://www.service-public.fr/telechargerPdf?location=/particuliers/vosdroits/F34717&audience=particuliers&lang=en 

The nationality provisions of French law are detailed in the opening divisions of the fr:Code civil des Français.

• The attribution of French nationality can be due to filiation. (Jus sanguinis)
• The attribution of French nationality can be given by birth in France (Jus soli) if other requirements (such as residence in France) are also met.

French citizenship by birth in metropolitan France and its overseas territories

Children born in France (including overseas territories) to at least one parent who was also born in France automatically acquire French citizenship at birth (double jus soli).

A child born in France to foreign parents may acquire French citizenship:

• at birth, if stateless.
• at 18, if resident in France with at least 5 years’ residence since age 11.
• between 16 and 18 upon request by the child and if resident in France with at least 5 years’ residence since age 11.
• between 13 and 16 upon request by the child’s parents and if resident in France continuously since age 8.
• if born in France to parents born before independence in a former French sovereign colony/territory:
  • at birth, if born in France before January 1, 1994.
  • at age 18, if born in France on or after January 1, 1994.

A child who was born abroad and who has only one French parent can repudiate their French nationality during the six months prior to their reaching the age of majority, or in the year which follows it (article 19-4 of the Civil Code).

French citizenship by birth abroad to at least one French citizen

The child (legitimate or natural) is French if at least one parent is French.

In the case of an adoption, the child has French nationality only under the “full adoption” regime.

Parentage to the parent from whom the French nationality is claimed, must be established while the child is still a minor (under 18).

When the child is born abroad from a French parent, it is essential for the French parent to record the birth of the child in the French civil register. In the event of litigation or to establish definitive proof of French nationality (or request a French passport) French nationality may be established by petitioning for a French nationality certificate from the Tribunal d’Instance (local court) of the person’s place of residence, or if residing abroad, via the Paris Court (service of French nationality) having jurisdiction over French persons residing abroad.

French citizenship by descent limitations

Article 30-3 of the French Civil Code (previously numbered Article 95 of the French nationality code) is a “long-standing bone of contention” in French nationality law that can act as a practical limitation on the number of generations under which French citizenship by descent may be transmitted through births outside France.

Under that provision, a person cannot prove his French citizenship by descent to French authorities when neither that person nor his French parent(s) had, for fifty years, “possession d’état de Français” (contact or links with French authorities, such as a French passport renewal, voting registration, French consular registration, and so on), while residing outside France.

The 1993 legislation did insert a new Article 21-14 into the Civil Code, offering such first and second generation offspring of French emigrants the opportunity to “reclaim French citizenship through simple declaration”, if they demonstrate military, “cultural, professional, economic, or family connections with France”.

French citizenship by birth in France

A child (legitimate or natural) is French if born in France to at least one parent who (i) is a French citizen; or (ii) was also born in France (even if the parent is not themselves a French citizen). The principle in point (ii) is known as double jus soli.

A child born in France before 1 January 1994 to a parent born in a former French overseas territory prior to its acquisition of independence, is automatically French. The same is true for a child born after 1 January 1963, to a parent born in Algeria before 3 July 1962.

Birth in France to foreign parents

If both parents are foreign and neither parent was born in France, simply being born in France does not confer French citizenship at birth, except for children born to unknown or stateless parents, or if the citizenship laws of the parents’ countr(y)/-ies of origin do not allow citizenship to be transferred to the child.

There are cases in which a child born in France to foreign parents can acquire French citizenship at various points during their childhood and upon turning 18, subject to certain conditions.

French citizenship acquired at age 13–16

The foreign parents of a child aged between 13 and 16 can obtain French citizenship for their child by making a declaration if all of the following conditions are met:

• The child was born in France;
• The child has had their primary residence in France since the age of 8;
• The child resides in France on the day on which the parents make the declaration;
• The child consents to the declaration being made (unless the child has a mental or physical disability that renders consent impossible).

French citizenship acquired at age 16–18

A child aged between 16 and 18 and born to foreign parents can obtain French citizenship by making a declaration if all of the following conditions are met:

• The child was born in France;
• The child resides in France on the day on which they make the declaration;
• The child has had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11.

The child does not require parental consent to make this declaration, unless they have a mental or physical disability that renders them unable to perform the procedure unilaterally.

French citizenship acquired automatically at age 18

A child born to foreign parents acquires French citizenship automatically upon turning 18 if all of the following conditions are met:

• The child was born in France;
• The child resides in France on their 18th birthday; and
• The child has had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11.

The child born in France to foreign parents, may however decline French nationality.

French citizenship by adoption

Plenary adoption is the only act of filiation which carries direct effects on nationality. Unlike the process of simple adoption, a child adopted according to the procedure of plenary adoption breaks any bond with his family of origin.

Filiation must be established while the child is a minor to take effect. Consequently, the recognition of a child older than the age of majority has no effect on his or her nationality.

French citizenship by naturalization

Eligibility resulting from residency

A person aged 18 or above may apply for French citizenship by naturalization after five years’ habitual and continuous residence in France (if married and with children, then the applicant must be living in France with his/her family). In addition, it is required that the applicant has his/her primary source of income in France during the five-year period. Those applying who are not European Union, European Economic Area or Swiss nationals are required to be in possession of a “titre de séjour” (a residence permit).

• The residence period may be completely waived for those who have served in the French military, for refugees, or in other exceptional cases.
• The residence period can be reduced to two years for a person who has either (a) completed two years of higher education in France, leading to a diploma, or (b) has provided or can provide important services to France due to his or her skills and talents, or (c) has completed an exceptional path of integration (activities or actions carried out in the civic, scientific, economic, cultural or sporting fields, etc.) .

The residence period is counted backwards from the date on which the applicant lodged his/her naturalization application.

The applicant must show that he/she has been residing legally in France during the 5-year residence period. Any periods of irregular residence in France before the 5-year residence period will not be taken into account when the application is considered. If the applicant’s residence period is completely waived, he/she must have resided legally in France in the 2 years immediately preceding the date on which he/she lodged his/her naturalization application.

Naturalization will only be successful for those who are judged to have integrated into French society (i.e. by virtue of language skills and understanding of rights and responsibilities of a French citizen, to be demonstrated during an interview at the local prefecture, as well as an ability and/or potential to integrate in the labour market), and who respect the values of French society. The applicant must also be of good character (no criminal offences with a sentence of 6 months’ imprisonment or more and no tax avoidance). In assessing the applicant’s character, the decision reached must be proportionate (for example, a naturalization application should not be rejected solely because the applicant occasionally declared/paid taxes late).

Naturalization through residency is accorded by publication of a decree in the Journal Officiel by decision of the Home Ministry and the prefecture of the region where the applicant has submitted his/her application. There is an obligatory delay of 12 months from the date of submission before the applicant is notified of the result of his/her naturalization application.

Eligibility resulting from marriage to a French citizen

The partner of a French national can apply for nationality, and must be able to prove that they have been married for five years and live together, (four years if the couple can prove continuous residence in France for three years since the wedding, or if when living abroad, the French spouse has been registered as a French citizen living abroad (article 79 of law 2006-911 published in the JO of 25/07/2006).) The applicant must also have a good knowledge of the French language, spoken and written, and the couple must appear in person together to sign documents.

Eligibility resulting from service in the Foreign Legion.

Foreign nationals may apply for naturalization after three years of service in the Foreign Legion, a wing of the French Army that is open to men of any nationality. Furthermore, a soldier wounded in battle fighting for France may immediately apply for naturalization under the principle of “Français par le sang versé” (“French by spilled blood”)