French Citizenship By Birth

Children born in France to foreign parents will automatically be given French nationality in certain circumstances, such as the following:

• One of the parents was born in France, even if that parent is not a citizen.
• One of the parents of the child was born in Algeria before July 3, 1962.
• The child is born stateless, and the parents of the child have no legal nationality, are unknown, or come from a country where nationality is only granted to those who are born there.

In other situations, a child who is born to foreign parents in France is only able to become French at the age of 13 if they meet a set of conditions.

Those who are born in France and who have at least one parent who was also born in France are considered to be French by birth, no matter the nationality of the individual.

Page Contents

• France Citizenship By Birth: An Overview
• French Citizenship By Birth Eligibility Criteria
• Application Requirements Of French Citizenship By Birth
• France Citizenship By Birth Application Process
• What To Do If The Citizenship Application Is Rejected?
• Other Routes To Obtain French Citizenship
• How Can Total Law Help?

Overview Continued

This means that children born in France, even those in its overseas territories, to at least one parent who is French, will automatically be considered French citizens at the time of their birth. Therefore, these children should be registered as such at their local town hall within three days of their birth date.

Similarly, if a child has parents who are French at the time of birth, but the child was born in a part of the world where France does not have jurisdiction, the child will still be considered French.

There is also a group of children who are born to non-French individuals who are eligible to become citizens of France; however, they will likely have to reside in the country for a specific period in their infant years to be considered eligible.

The Benefits Of French Citizenship

French citizenship has a range of benefits, ranging from practical rights and freedoms to a deep connection with the historical legacy and cultural history of France. Having French nationality has some benefits, such as:

• Access to French social services, such as education and healthcare.
• The right to vote and participate in the political life of France.
• Freedom of movement throughout the European Union.
• The ability to hold public office and even run for political office.
• Diplomatic protection should you be travelling overseas.
• Historical and cultural identity in France.

In France, it is a legal requirement for the parent or guardian to register the birth of a child within three days of the child being born (though this does not include weekends). This registration needs to be done using a birth registration form, which needs to be filed at the local town hall and is free.

This registration requires a signed birth certificate and proof of residence (a utility bill or tenancy contract is usually adequate).

To register a birth, the parents should provide the following documents at their local town hall:

• A medical certificate that has been signed by a midwife or doctor.
• A piece of photographic ID, such as a national ID card, to prove the identity of the parent.
• Proof of residency or domicile is needed to prove the parent’s French citizenship.
• Family booklet that enables the registration of the child, if the parents already have said booklet.

Alternatively, if the child is born outside of France, then there will be a requirement to prove the parent’s French nationality at the time of the child’s birth.

Many applications for citizenship by birth will be accepted; however, authorities do retain the right to refuse an application if the applicant does not meet the conditions necessary.

Authorities can also postpone applications if they conclude that citizenship is not appropriate at the time; however, if this does occur, they will outline why they reached this conclusion and provide a deadline for a new application to be submitted.

Should an application be refused, the applicant can appeal to the Ministry of the Interior within two months of the decision to refuse the application. After this, appeals can be taken to the Administrative Court to obtain a final review.

Should the applicant appeal the refusal decision, the letter of refusal should inform them of when and how they can appeal. But note that there will also be a time limit for appealing.

It is always best to seek out the aid of a legal representative if you are appealing a decision to refuse your application. Here at Total Law, our lawyers can help with this. Give us a call at +44 (0)333 305 9375 for help with your appeal.

Individuals do not have to be born in France to obtain French nationality. There are other routes for applying for citizenship, including citizenship by descent (parents who are French), marriage (a French spouse), or through naturalisation (residency).

Residency

Those applying through residency will need to have been residents of the country for a minimum of five years. However, applicants who have completed postgraduate studies at a French university can apply after two years of residency.

Marriage

Those applying for French citizenship will need to have been married to their French spouse for at least four years and have lived in France for three years since the marriage, with one of these years being continuous residency.