French nationality law

There are three key dates in the legal history of naturalization:

Soon after the approval of the French constitutions, statesman Jean-Jacques-Régis de Cambacérès drafted and presented a new civil code that would unify private law, including nationality law -- and with application for all French citizens outside of France.[4]

Military service and state education were two processes central to the creation of a common national culture. Military conscription (universal from 1872, in theory if not in practice) brought inhabitants of the state's regions together for the first time, creating bonds of friendship and encouraging the use of French rather than regional languages. Universal education (the aim of the Jules Ferry Laws, 1879–1886) brought the whole of the population into contact with state-sanctioned version of French history and identity. State teachers, the "Black hussars of the Republic,"[5] conveyed the national language to the people of the regions.

In a series of expansions in the late 1800s, French nationality law was liberalized for great conferment of French citizenship, partly with an eye to increasing French military ranks.[4] These included re-introduction of simple jus soli (at first with a right of the person to repudiate French citizenship, but that right was later removed), elimination of the loss of citizenship when emigrating from France, and repeal of the loss of citizenship by a French woman on marriage to a foreigner when she did not automatically obtain her husband's citizenship.[4]

In 1927, French nationality law was further loosened to increase naturalization so as to attract a larger work force for French industry.[4] The measure also extracted the nationality law from the French civil code and made it an independent text, as it had grown too large and unwieldy.[4]

Legislation in 1934, motivated by xenophobia, imposed burdens on naturalized citizens and provided the government powers to forfeit citizenship, which the Nazi-collaborator Vichy regime used widely.[4]

A 1945 post-war measure promulgated a comprehensive nationality code that established very lengthy and detailed rules to shield citizens from government whimsy.[4]

Amendments were by legislation in 1962 and by constitutions in 1946 and 1958, with the latter creating the status of "citoyen de la Communauté", vaguely akin to the British status of "Citizen of the United Kingdom and Colonies" established by the British Nationality Act 1948.[4]

The 1993 law that attempted to restrict conferral of French citizenship also transferred the contents of the Code de la Nationalité Française back into the Code Civil, where they had existed from 1803 until 1927.[2]

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:[6]

• 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).

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 French Nationality Office in Paris[7] having jurisdiction over French persons residing abroad.

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.[8][9][2]

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.[8][9]

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".[8][9]

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.

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.

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:[10]

• 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).

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:[11]

• 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.

A child born to foreign parents acquires French citizenship automatically upon turning 18 if all of the following conditions are met:.[12]

• 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.[13]

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.[14]

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.

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).[15] 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.[16]
• The residence period can be reduced to two years for a person who has completed two years of higher education and successfully obtained a qualification in France or who has rendered exceptional service to France through his/her talents and abilities.[16]

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.[17]

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).[18]

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 naturalisation application.

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.[19]

Foreign nationals may apply for naturalization after three years of service in the French Foreign Legion, a wing of the French Army that is open to men of any nationality. Furthermore, a soldier wounded in battle during Legion service may immediately apply for naturalization under the principle of "Français par le sang versé" ("French by spilled blood").[20]

In modern France, in general, the rights are fundamentally the same as those in other EU countries.

Despite the official discourse of universality, French nationality has not meant automatic citizenship. Some categories of French people have been excluded, throughout the years, from full citizenship:

• Women: Until the Liberation, they were deprived of the right to vote. The provisional government of General de Gaulle accorded them this right by the April 21, 1944 prescription.[21]
• Military: For a long time, the military was called the Grande muette ("The Big Mute") in reference to its prohibition against interfering in political life. During a large part of the Third Republic (1871–1940), the Army was in the main anti-republican (and thus counterrevolutionary), the Dreyfus Affair and the May 16, 1877 crisis that led to a monarchist coup d'état by MacMahon being examples of this anti-republican spirit. That character of the military would make them gain the right to vote only after the August 17, 1945 prescription, the contribution of De Gaulle to the interior French Resistance, which reconciled the Army with the Republic. Nevertheless, the members of the military do not benefit from all public liberties, as the July 13, 1972 law on the general statute of militaries specifies.
• Young people: The July 1974 law instituted at the instigation of the president Valéry Giscard d'Estaing reduced the coming of age to 18, which thus made some teenagers full citizens.
• Naturalized foreigners: Since January 9, 1973, foreigners who have acquired French nationality do not have to wait five years after their naturalization to be able to vote.
• Inhabitants of the colonies: The May 7, 1946 law stated that soldiers from the "Empire" (such as the tirailleurs) killed during World War I and World War II were not citizens.[22]

Modern Citizenship is linked to civic participation (also called positive freedom), which includes voting, demonstrations, petitions, activism, etc.

Some scholars, such as Annette Joseph Gabriel, argue that citizenship is part of a colonial agenda and is not a universal practice.[23] In order to create an equitable and safe space for all, she believes that there must be several different forms of belonging so that everyone feels included instead of being tied to one sole identity factor.[24] She also argues for what she calls decolonial citizenship, which is work has already been done by black women such as Suzanne Cesaire, Jane Vialle, and Paulette Nardal.[25] Although their activism fought against colonialism and fought for multiple cultural and racial identities to be noted, their ideologies were sadly overlooked and silenced.[26]