French nationality law
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French nationality law is historically based on the principle of jus soli, according to Ernest Renan's definition, opposed to the German's definition of nationality formalized by Fichte. However, elements of jus sanguinis have been included in the French code, especially during the 1992 reform, which forced children born in France of foreign parents to request French nationality at adulthood, instead of being automatically accorded it (no conditions are required to acquire it, but it forces children of foreigners to go through a bureaucratic process, while children of French citizens - whether immigrants or not - cut through all the red tape). As in most other countries, but differing from the US, children born in France to tourists or short term visitors do not acquire French citizenship by virtue of birth in France: residency must be proven. As immigration became more and more of a political theme in the 1980s, albeit a lower immigration rate (see Demographics in France), both left- and right-wing governments have issued several laws restricting more and more the possibilities of being naturalized.
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[edit] Attribution of French Nationality
- The attribution of French nationality due to filiation. (Jus sanguinis)
- The attribution of French nationality by birth in France. (Jus soli)
[edit] Filiation
As of the birth the child is French of which one of the parents is French. The nature of filiation imports little: it perhaps legitimates, natural or adoptive. The plenary adoption is the only one which carries direct effects on nationality. Because contrary to the simple adoption, the child adoptive according to the procedure of the plenary adoption (articles 343 of the Civil code and following) breaks any bond with his family of origin.
Filiation must be established during the minority of the child to take effect. Consequently, the recognition of a child after it reached his majority is without effect on his nationality (article 20-1 of the Civil code).
The child who was born abroad and only one of the parents is French with the possibility of repudiating French nationality during the six months preceding its majority or in the year which follows it (article 19-4 of the Civil code).
[edit] Birth in France
The principle is that Birth in France does not automatically confer nationality.
[edit] General Conditions
Children born in France (including overseas territories) whose parents are French citizens, whether immigrants or not, automatically acquire French citizenship at birth.
[edit] Exceptions
Furthermore, a child born in France from foreign parents may acquire French citizenship:
- at birth, if stateless.
- at age 18, if resident in France, with at least 5 years residence since age 11, and if he explicitly requests at adulthood (before the 1992 reform of the Code de la nationalité, it was automatically given without needs to do administrative red tape).
- if born in France of parents born before independance on a colony/territory in the past under French sovereignty.
[edit] Acquisition of French Nationality
[edit] Naturalisation
A person may apply for French citizenship by naturalisation after five years residence in France. Exceptions to the residence period include:
- The residence period is reduced to two years for those who are graduates of a French university or grande école
- The residence period may be waived for citizens of French speaking countries or for those who have served in the French military.
Naturalisation through residency is accorded by publication of a decree in the Journal Officiel by decision of the Ministry of Labour, Social Cohesion and Housing.
[edit] By marriage
Since 26th November, 2003, a foreigner living in France, married to a French citizen for two years can acquire French citizenship by declaration, so long as they have resided in France for one year uninterrupted. If the couple is living outside of France, a three year waiting period is required. In addition to the many documents required to prove both the applicant's nationality and the spouse's french nationality, there is a requirement for competency in the French language.
The declaration of citizenship is made by the couple to the local court, or the French consulate if overseas. The declaration is accepted or rejected by decision of the Ministry of Justice.
[edit] Dual Citizenship
Dual citizenship has been permitted since 1973. The main exception has been concerning those countries which are signatories to the European Convention on Nationality.
[edit] Denaturalisation
According to philosopher Giorgio Agamben, France was one of the first European countries to pass denaturalisation laws, in 1915, with regard to naturalized citizens of "enemy" origins. Its example was followed by most European countries.
[edit] See also
[edit] External links
- French Citizenship & Nationality Law
- Acquiring another Citizenship (France)
- official website of the CIMADE, an ecumenist NGO helping immigrants (including illegal immigrants) in their juridical demands.
- GISTI ("Groupe d'Information et de Soutien aux Travailleurs Immigrés" (same: "Group of Information and Support of Immigrants Workers", although they also carry more directly activist actions, such as blocking controversed expels by charter, mainly by informing all passengers of the plane - as the pilot is the only authority on board, he may refuse to embark an illegal alien, thus blocking police's attempts)
- Further information: fr:Nationalité française
