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 do a bureaucratic process, while children of French citizens - whether immigrants or not - cut through all the red tape). As in most other countries, 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.

Contents

0.1 Birth in France
0.2 Descent from a French Parent
0.3 Acquisition of French Citizenship

0.3.1 Naturalisation following at least 5 years residency
0.3.2 Citizenship by marriage

0.4 Dual Citizenship
0.5 Denaturalisation

1 See also

1.1 External links

Birth in France

Children born in France whose parents are French citizens, whether immigrants or not, automatically acquire French citizenship at birth. 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 does the explicit demand at adulthood (before the 1992 reform of the Code de la nationalité, it was automatically given without needs to do administrative red tape).

Descent from a French Parent

Any child born to a French parent, whether born in France or not, may acquire French citizenship.

Acquisition of French Citizenship

Naturalisation following at least 5 years residency

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.

Citizenship by marriage

If the couple has been living in France for a year, after a period of two year's marriage to a French citizen, it is possible to make a declaration of French citizenship by marriage. 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 applicants 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.

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.

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.