THE CONDITIONS FOR ACQUIRING FRENCH NATIONALITY

THE CONDITIONS FOR ACQUIRING FRENCH NATIONALITY

Acquisition of French nationality by naturalization and declaration
Acquisition of French nationality by naturalization
Declaration of French nationality by marriage
Declaration of French nationality by an ascendant of a French citizen
Declaration of French nationality by a brother or sister of a French citizen

French nationality of a child
Child born in France of foreign parents
a) Acquisition of French nationality between the ages of 13 and 16
b) Acquisition of French nationality between the ages of 16 and 18
c) Acquisition of French nationality at age 18
Adopted child
a) Simple adoption
b) Plenary adoption

Reintegration into French nationality
Marriage to a foreigner
Change of nationality of parents
Exercise of certain public mandates

1. Acquisition of French nationality by naturalization and declaration

Acquisition of French nationality by naturalization to the state of June 25, 2018

Naturalization is a method of acquiring French nationality that is not automatic. You must meet all of the following conditions to acquire French nationality through naturalization.

Conditions

1) Age

You must be of age to be naturalized (art. 21-22 al. 1 of the Civil Code).

However, you can apply as early as age 17, but your naturalization decree will not be issued until you come of age.

The naturalization of a minor child, who has remained a foreigner even though one of his or her parents has acquired French nationality, may be requested. The child must reside in France with this parent for at least 5 years at the date of the application (art. 21-22 al. 2 of the Civil Code).

2) Residence in France

You must reside in France at the time of signing the naturalization decree. The notion of residence is broader than the usual notion of domicile. It implies that you must have in France the center of your material interests (particularly professional) and your family ties. If you reside in France but your spouse and/or children reside abroad, you may be denied French nationality (art. 21-16 of the Civil Code).

The length of your stay in France depends on your situation.

Length of residency required according to your situation

Situation	Duration of residence in France
General case (art. 21-17 of the Civil Code)	5 years
2 years of studies successfully completed to obtain a degree from a French institution of higher education (art. 21-18 al. 1 of the Civil Code)	2 years
Contribution to the influence of France (art. 21-21 of the Civil Code)	2 years
Exceptional course of integration (activities or actions accomplished in the civic, scientific, economic, cultural or sports fields…) (art. 21-18 al. 2 and 3 of the Civil Code).	2 years
Military service in the French army (art. 21-19 §4 of the Civil Code)	No minimum duration
Voluntary enlistment in the French or allied armies, in time of war (art. 21-19 §4 of the Civil Code)	No minimum duration
Exceptional services to France (naturalization decree issued after the opinion of the Council of State on the basis of a reasoned report by the competent minister) (art. 21-19 §5 of the Civil Code)	No minimum duration
Refugee status in France (art. 21-19 §6 of the Civil Code)	No minimum duration
Belong to a State of which at least one of the official languages is French, and either have French as their mother tongue, or have attended school for at least 5 years in an establishment teaching in French (art. 21-20 of the Civil Code)	No minimum duration

By way of derogation, even if you live abroad, you can be naturalized by decree provided you meet one of the following conditions (art. 21-26 of the Civil Code)

You carry out a public or private professional activity on behalf of the French government or an organization whose activity is of particular interest to the French economy or culture
You are staying in Monaco
You are doing your national service or are engaged in a regular formation of the French army
You are a national service volunteer

If you live abroad, the assimilation of residence that benefits one of the spouses extends to the other and to his or her minor children, if they actually live together (art. 21-26 al. 2 of the Civil Code).

3) Regularity of the stay

You must have a valid residence permit at the time of filing your application, except if you are a citizen of a European Economic Area country or if you are Swiss (art. 21-27 § 3 of the Civil Code).

You must not have been the subject of an expulsion order or a ban from French territory that is still in effect (art. 21-23 and 21-27 of the Civil Code).

4) Adherence to the values of the Republic

You must prove your assimilation to the French community, in particular in the following ways:

By your adherence to the essential principles and values of the Republic (art. 21-24 of the Civil Code, Decree no. 93-1362 of Dec. 30, 1993, art. 33-2 and art. 37 et seq., Decree no. 2012-127 of Jan. 30, 2012)
By a sufficient knowledge of French history, culture and society (art. 21-24 of the Civil Code, Law no. 2003-1119 of 26 November 2003).

5) Knowledge of the French language

You must have sufficient oral knowledge of the French language to deal with everyday situations (art. 21-24 and 21-24-1 of the Civil Code, Law no. 2011-672 of June 16, 2011, art 2).

6) Professional integration

Professional integration is an essential condition for assimilation and integration in France (regarding the applicant’s resources, see art. 21-16 of the Civil Code).

However, it is assessed on the basis of your entire professional career and not only on the basis of your specific situation at the time of your application.

The nature of the work contract (fixed-term contract, temporary work contract) is not an obstacle in itself as long as the activity provides sufficient and stable resources.

7) Good character and absence of criminal convictions

You must be of good character (art. 21-23 al. 1 of the Civil Code).

You must not be in one of the following situations (see art. 21-27 of the Civil Code):

Have been sentenced in France to at least 6 months of unsuspended imprisonment (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)
Have been convicted of a felony or a misdemeanor constituting an attack on the fundamental interests of the Nation (except in the case of a pardon or erasure of the conviction from bulletin n°2 of your criminal record)
Have been convicted of an act of terrorism (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record).

Reference texts

Civil Code: articles 21-14-1 to 21-25-1

Acquisition of French nationality by decision of the public authority

Civil Code: articles 21-26 to 21-27-1

Provisions common to certain methods of acquiring French nationality

Civil Code: articles 22 to 22-3

Effects of the acquisition of French nationality

Civil Code: articles 27 to 27-3

Administrative decisions

Decree n°93-1362 of December 30, 1993 relating to declarations of nationality, decisions of naturalization, reintegration, loss, forfeiture and withdrawal of French nationality

Articles 35 to 52

B. Declaration of French nationality by marriage

to the state of 04 April 2018

Marriage to a French citizen does not have an automatic effect on nationality (art. 21-1 of the Civil Code).

The acquisition of French nationality is done through the declaration procedure if a certain number of conditions are met (duration of marriage, community of life, assimilation…).

To acquire French nationality by declaration, all of the following conditions must be met:

1) French nationality of spouse

Your spouse must be of French nationality on the day of your marriage and have retained French nationality since that date (art.21-2 al 1 of the Civil Code).

2) Validity of marriage

Only a marriage that is valid under French law, whether celebrated in France or abroad, allows for the acquisition of French nationality. Any marriage in which one of the spouses is in a state of polygamy because of a previous marriage that has not been dissolved is excluded (Circular from the Ministry of Immigration dated December 29, 2009, concerning the procedure for acquiring French nationality through marriage, art. 147 of the Civil Code).

3) Duration of the marriage

You must have been married to a French citizen for 4 years at the date of your declaration (art. 21-2 al. 1 of the Civil Code).

This duration is 5 years in the following 2 cases (art.21-2 al. 2 of the Civil Code) :

You have resided in France for less than 3 years continuously since your marriage;
If you live abroad, your spouse has not been registered in the consular registers during the time you lived together.

4) Place of the wedding

If your marriage was celebrated abroad, it must have been transcribed on the French civil status registers (Circular from the Ministry of Immigration dated December 29, 2009 concerning the procedure for acquiring French nationality through marriage).

5) Regular stay

You must be legally resident in France (with a provisional document or a residence permit) (art. 21-27 § 3 of the Civil Code).

You must not have been the subject of an expulsion order or a ban from French territory that is still in force (art. 21-23 and 21-27 of the Civil Code).

6) Community of life

The community of affective and material life with your spouse must not have ceased since your marriage (Circular of the Ministry of Immigration of December 29, 2009 on the procedure for acquiring French nationality through marriage, articles 203, 212, 213, 214 and 215 of the Civil Code).

7) Oral knowledge of the French language

You must have sufficient oral knowledge of the French language to deal with everyday situations (corresponding to level B1 of the Council of Europe’s Common European Framework of Reference for Languages) (art. 21-2 al 3 of the Civil Code, Law no. 2011-672 of June 16, 2011, art 3).

In addition, applicants for naturalization must have sufficient knowledge of French history, culture and society (art. 21-24 of the Civil Code, Law no. 2003-1119 of Nov. 26, 2003) and adhere to the essential principles and values of the Republic (art. 21-24 of the Civil Code, Decree no. 93-1362 of Dec. 30, 1993, art. 33-2 and art. 37 et seq., Decree no. 2012-127 of Jan. 30, 2012)

8) No criminal conviction

You must not be in one of the following situations (Section 21-27 of the Civil Code):

Have been sentenced in France to at least 6 months of unsuspended imprisonment (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)
Have been convicted of a felony or a misdemeanor constituting an attack on the fundamental interests of the Nation (except in the case of a pardon or erasure of the conviction from bulletin n°2 of your criminal record)
Have been convicted of an act of terrorism (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)

Reference texts

Civil Code: articles 21-1 to 21-6

Acquisition of French nationality through marriage

Civil Code: articles 21-26 to 21-27-1

Provisions common to certain methods of acquiring French nationality

Civil Code: articles 26 to 26-5

Declarations of nationality

General tax code: articles 958 to 959

Stamp duty

C. Declaration of French nationality by an ascendant of a French citizen

as of March 30, 2018

If you are a foreigner over 65 years old, a direct descendant of a French citizen and you have lived in France for at least 25 years, you can make a declaration of French nationality.

You must meet the following conditions on the date of your return:

Be over 65 years old;
Be a direct descendant of a French person (parents, grandparents, great-grandparents);
Reside in France legally (with a provisional document or a residence permit) and habitually for at least 25 years;
Not to have been sentenced in France to at least 6 months of unsuspended imprisonment (except in the case of rehabilitation or deletion of the conviction from bulletin n°2 of your criminal record);
Not to have been convicted of a crime or an offence constituting an attack on the fundamental interests of the Nation (except in the case of rehabilitation or erasure of the conviction from bulletin n°2 of your criminal record);
Not to have been convicted of an act of terrorism (except in the case of rehabilitation or erasure of the conviction from bulletin n°2 of your criminal record);
Not to have been the subject of an expulsion order or a ban from French territory still in force.

Reference texts

Civil Code: articles 21-12 to 21-14

Declaration of French nationality by an ascendant of a French citizen (article 21-13-1)

Civil Code: articles 21-26 to 21-27-1

Provisions common to certain methods of acquiring French nationality

Civil Code: articles 26 to 26-5

Declarations of nationality

General tax code: articles 958 to 959

Stamp duty

D. Declaration of French nationality by a brother or sister of a French citizen to the state of 05 April 2018

If you are the brother or sister of a person who has acquired French nationality, you can, when you reach the age of majority and under certain conditions, make a declaration of French nationality.

The requirements are for you and your brother or sister.

By your brother or sister

Your brother or sister must meet the following 2 conditions:

Be born in France of foreign parents;
To have acquired French nationality.

His or her French nationality must have been acquired in one of the following ways:

Upon reaching the age of majority, because of habitual residence in France on that date and for a continuous or discontinuous period of at least 5 years since the age of 11;
At the age of 16, because of his habitual residence in France at the time of his declaration of nationality and during a continuous or discontinuous period of at least 5 years since his 11th birthday;
At the age of 13, at the request of his parents, because of his habitual residence in France for a continuous or discontinuous period of at least five years since his 8th birthday.

By yourself

You must meet the following conditions on the date of your return:

Usually reside in France since the age of 6 years;
Reside in France legally (with a temporary document or a residence permit);
Have attended compulsory schooling in France in a school that has signed an agreement with the State;
Not to have been sentenced in France to at least 6 months of unsuspended imprisonment (except in the case of rehabilitation or deletion of the conviction from bulletin n°2 of your criminal record);
Not to have been convicted of a crime or an offence constituting an attack on the fundamental interests of the Nation (except in the case of rehabilitation or erasure of the conviction from bulletin n°2 of your criminal record);
Not to have been convicted of an act of terrorism (except in the case of rehabilitation or erasure of the conviction from bulletin n°2 of your criminal record);
Not to have been the subject of an expulsion order or a ban from French territory still in force.

Reference texts

Civil Code: articles 21-12 to 21-14

Declaration of French nationality by a brother or sister of a French citizen (article 21-13-2)

Civil Code: articles 21-26 to 21-27-1

Provisions common to certain methods of acquiring French nationality

Civil Code: articles 26 to 26-5

Declarations of nationality

General tax code: articles 958 to 959

Stamp duty

Decree n°93-1362 of December 30, 1993 relating to declarations of nationality, decisions of naturalization, reintegration, loss, forfeiture and withdrawal of French nationality

2. French nationality of a child

Child born in France of foreign parents

to the state of March 16, 2017

A child born in France to foreign parents can acquire French nationality. Depending on his or her age, the conditions to be met and the steps to be taken are different.

a) Acquisition of French nationality between the ages of 13 and 16

Conditions

The foreign parents of a child aged 13 to 16, who was born in France and has been habitually resident there since the age of 8, may claim French nationality on his or her behalf by declaration. The child’s consent is mandatory, unless his or her mental or physical faculties do not permit it (art. 21-11 para. 2 of the Сode civil).

b) Acquisition of French nationality between the ages of 16 and 18

Conditions

A child born in France of foreign parents can become French without waiting for his majority. He or she can, from the age of 16, claim French nationality by declaration if at the time of this declaration :

he resides in France,
and if he or she has had his or her usual residence in France for a continuous or discontinuous period of at least 5 years, since the age of 11.

He can make this step alone without parental permission (unless he is prevented from expressing his will by an impairment of his mental or physical faculties) (art. 21-11 para. 1 of the Сode civil).

c) Acquisition of French nationality at age 18

Conditions

Any child born in France to foreign parents acquires French nationality on his or her 18th birthday if, on that date :

he resides in France,
and if he or she has had his or her actual and habitual residence in France for a continuous or discontinuous period of at least 5 years, since the age of 11 (art. 21-7 al. 1 of the Сode civil).

Reference texts

Civil Code: articles 21-7 to 21-11, articles 21-26 to 21-27-1, articles 26 to 26-5.

Adopted child

to the state of April 16, 2018

a) Simple adoption

Simple adoption does not allow the adopted child to automatically acquire French nationality. The child who has been the subject of a simple adoption by a French person must request it by making a declaration.

Conditions

The adopted child must be a minor.
The child must reside in France at the time of the declaration (except in the case of a child adopted by a French person who does not have his or her usual residence in France).
If the adoption was pronounced abroad, the deed of adoption must have been the subject of an exequatur decision in France.
The adopter must have been French on the date of the adoption, but it does not matter if he or she became a foreigner afterwards.

b) Plenary adoption

A child adopted in the plenary form by a French person is French by filiation. He or she is considered as French from birth and does not have to claim this status.

It does not matter if the parents are married or not, as long as the French parent appears on the child’s birth certificate.

If the parent loses his or her French nationality later, this has no effect on the child’s nationality.

Reference texts

Civil Code: Article 21

Acquisition of French nationality by reason of filiation

Civil Code: articles 21-7 to 21-11

Acquisition of French nationality by birth and residence in France

Civil Code: articles 21-12 to 21-14

Declaration of nationality following a simple adoption (article 21-12)

Civil Code: articles 26 to 26-5

Declaration of nationality

Decree n°93-1362 of December 30, 1993 relating to declarations of nationality, decisions of naturalization, reintegration, loss, forfeiture and withdrawal of French nationality

Reintegration into French nationality by declaration

to the state of April 17, 2018

Reinstatement allows a person who has held and then lost French nationality to regain it in the future. When the legal conditions are met, reinstatement by declaration is a right. The administration does not have the power to oppose it.

Marriage to a foreigner

You can ask to be reinstated in the French nationality if you lost it because of a marriage with a foreigner whose country does not accept the double nationality. This option is open to your unmarried minor children, provided that they have the same habitual residence, or in case of separation or divorce, an alternating residence.

Conditions

1) Links with France

You must have maintained or acquired clear ties with France, particularly of a cultural, professional, economic or family nature.

2) Regular stay in France

You must be legally residing in France (with a provisional document or a residence permit).

You must not have been the subject of an expulsion order or a ban from French territory that is still in effect.

3) No criminal convictions

You must not be in any of the following situations:

Have been sentenced in France to at least 6 months of unsuspended imprisonment (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)
Have been convicted of a felony or a misdemeanor constituting an attack on the fundamental interests of the Nation (except in the case of a pardon or erasure of the conviction from bulletin n°2 of your criminal record)
Have been convicted of an act of terrorism (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)

Reference texts

Civil Code: articles 24 to 24-3

Reintegration into French nationality by declaration (article 24-2)

Civil Code: articles 26 to 26-5

Declarations of nationality

Decree n°93-1362 of December 30, 1993 relating to declarations of nationality, decisions of naturalization, reintegration, loss, forfeiture and withdrawal of French nationality

B. Change of nationality of parents

You can be reinstated by declaration in the French nationality if you lost it, during your minority, because of the voluntary acquisition by your parents of the nationality of a country which does not accept the double nationality. This option is open to your unmarried minor children, provided that they have the same habitual residence, or in case of separation or divorce, an alternating residence.

Conditions :

1) Age

You must be of age.

2) Residence in France

You must reside in France.

3) Regular stay in France

You must be legally residing in France (with a provisional document or a residence permit).

You must not have been the subject of a deportation order or a ban from French territory that is still in effect.

4) No criminal convictions

You must not be in one of the following situations:

Have been sentenced in France to at least 6 months of unsuspended imprisonment (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)
Have been convicted of a felony or a misdemeanor constituting an attack on the fundamental interests of the Nation (except in the case of a pardon or erasure of the conviction from bulletin n°2 of your criminal record)
Have been convicted of an act of terrorism (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)

Reference texts

Civil Code : articles 24 to 24-3

Reintegration into French nationality by declaration (article 24-2)

Civil Code: articles 26 to 26-5

Declarations of nationality

Decree n°93-1362 of December 30, 1993 concerning declarations of nationality, decisions of naturalization, reintegration, loss, forfeiture and withdrawal of French nationality

C. Exercise of certain public mandates

If you have held certain public offices (former member of the Parliament of the Republic, of the Assembly of the French Union…), you can be reinstated in French nationality by declaration. This option is open to your unmarried minor children, provided they have the same habitual residence, or in the event of separation or divorce, an alternating residence.

1) Age : you must be of age.

2) Residence in France: you must have established your residence in France.

3) Regular residence in France

You must be legally residing in France (with a temporary document or a residence permit).

You must not have been the subject of an expulsion order or a ban from French territory that is still in effect.

4) No criminal convictions

You must not be in one of the following situations:

Have been sentenced in France to at least 6 months of unsuspended imprisonment (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record)
Have been convicted of a felony or a misdemeanor constituting an attack on the fundamental interests of the Nation (except in the case of a pardon or erasure of the conviction from bulletin n°2 of your criminal record)
Have been convicted of an act of terrorism (except in the case of a pardon or the removal of the conviction from bulletin n°2 of your criminal record).

Reference texts

Civil Code : articles 24 to 24-3

Reintegration into French nationality by declaration (article 24-2)

Civil Code: articles 26 to 26-5

Declarations of nationality

Decree n°93-1362 of December 30, 1993 concerning declarations of nationality, decisions of naturalization, reintegration, loss, forfeiture and withdrawal of French nationality.

Yours truly,

With my best regards,

20180904 Opinion legale THE CONDITIONS FOR ACQUIRING FRENCH NATIONALITY

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