French Citizenship By Birth
There are many advantages to French citizenship; however, it is not easy to acquire French citizenship, even for individuals who were born in France. Those born to foreign parents in France have to meet certain criteria to be considered eligible for citizenship.
Therefore, while the process is one of the easiest to obtain French citizenship, it is best to seek out the help of a Total Law lawyer to help you with your application for French citizenship. Call us at +44 (0)333 305 9375 or leave a message online today, to get started on your application.
France Citizenship By Birth: An Overview
A child born in France to foreign parents is not always French from birth. However, French nationality is attributed at birth in the following circumstances:
- At least one parent was born in France, regardless of that parent’s nationality
- The child was born in France after 1 January 1963, and at least one parent was born in Algeria before 3 July 1962
- The child was born in France to stateless parents
- The child was born in France to unknown parents
- Foreign nationality laws do not allow the child to obtain either parent’s nationality
A child born in France to foreign parents who does not meet one of these conditions may acquire French nationality later.
From age 13, a parent may make a declaration of French nationality on the child’s behalf if the child:
- Was born in France
- Has lived in France for at least five years since the age of eight
- Lives in France on the date the declaration is made
- Consents to acquiring French nationality, unless a medical condition prevents them from expressing their wishes
Other routes are available at age 16 and through automatic acquisition at age 18, provided the relevant residence requirements are met.
The Benefits Of French Citizenship
French nationality can give you rights in France and across the European Union. Your entitlement to healthcare, social support and other public services may still depend on factors such as your residence, work history and personal circumstances.
French nationality may allow you to:
- Vote in French elections after registering to vote
- Stand for elected office if you meet the relevant legal requirements
- Live, work, study and travel in other EU Member States under EU free-movement rules
- Apply for French public-sector roles that require French nationality
- Seek assistance from French consular authorities while abroad
- Receive consular protection from another EU Member State in a non-EU country where France has no embassy or consulate
- Build or formalise a personal connection with France’s civic, cultural and social life
French nationality also makes a person an EU citizen. EU citizenship gives French nationals the right to move and reside within the EU, as well as to work or study in another Member State. Depending on the length and purpose of their stay, they may need to complete local registration formalities.
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French Citizenship By Birth Eligibility Criteria
French nationality can be acquired at birth through a French parent or, in limited circumstances, through birth in France. Being born in France does not, by itself, mean that a child is automatically French.
A child may be French from birth if:
- At least one parent is French, whether the child is born in France or abroad
- The child was born in France, and at least one parent was also born in France, regardless of that parent’s nationality
- The child was born in France after 1 January 1963, and at least one parent was born in Algeria before 3 July 1962
- The child was born in France to stateless parents
- The child was born in France to unknown parents
- The child was born in France and cannot obtain either parent’s nationality under the relevant foreign nationality laws
The rules for children born to unknown parents or parents who cannot pass on a nationality can change if parentage is later established or the child obtains another nationality. These cases require careful assessment under French nationality law.
Acquiring French Nationality From Age 13
A child born in France to foreign parents may acquire French nationality from age 13 through a declaration made by their legal representative.
The child must:
- Have been born in France to foreign parents
- Have their residence in France when the declaration is made
- Have had their habitual residence in France for a continuous or non-continuous period of at least five years from the age of eight
- Consent to the declaration, unless an impairment of their mental or physical faculties prevents them from expressing their wishes
The age-13 route is available before the child turns 16. From the age of 16, the child can make a declaration in their own name if they meet the relevant conditions.
A child born in France to foreign parents may also acquire French nationality automatically at 18 if they live in France at that age and have lived there for at least five years, continuously or discontinuously, since the age of 11.
Citizenship in Mayotte: Different, Stricter Rules
The rules for acquiring French nationality through birth and residence are different for children born in Mayotte to foreign parents. Mayotte is a French overseas department in the Indian Ocean.
For births in Mayotte from 1 March 2019, a child born to foreign parents can use the birth-and-residence route only if at least one parent had lived lawfully and continuously in France for more than three months when the child was born. This condition applied only in Mayotte.
The rule has since become stricter. To rely on this route, both parents must have lived lawfully and continuously in France for more than one year when the child was born.
Where legal parentage has been established with only one parent, only that parent must meet the lawful and continuous residence requirement.
This rule does not prevent a child from being French if one parent is French. It applies to the route through birth in Mayotte and the later residence-based acquisition of French nationality.
Anyone affected by the Mayotte rules should check the current requirements and gather clear evidence of each relevant parent’s lawful residence before making a nationality declaration.
Registering a Birth in France
A birth in France must be declared to the town hall for the child’s place of birth within 5 days of the day after the birth. If the final day of the deadline falls on a Saturday, Sunday or public holiday, the deadline moves to the next working day.
Birth registration is free. It creates the child’s French birth record, but it does not by itself confirm that the child has French nationality.
The person making the declaration should provide:
- The parents’ identity documents
- A medical certificate of delivery issued by the doctor or midwife
- A declaration of the child’s name if the parents are making this declaration
- Proof of the father’s domicile or residence dated within the past three months
- The family booklet, if the parents already have one
The town hall can request additional documents as needed. If this is the parents’ first child, the town hall issues a family booklet after registering the birth.
Children Born Outside France
A child born outside France to a French parent may be French from birth through descent. The child’s French parent must have held French nationality at the time of the child’s birth.
The birth should be registered with the local authorities in the country of birth. The parents can then request transcription of the foreign birth certificate into the French civil-status registers through the relevant French embassy or consulate. Transcription is not mandatory, but it is strongly recommended because it enables the family to obtain a French birth certificate more easily.
The application may require the foreign birth certificate, a translation where required, proof that at least one parent is French and the family booklet if one has been issued.
France Citizenship By Birth Application Process
The process depends on whether the child is French from birth or is seeking to acquire French nationality later.
If a child is born in France, their birth must be declared to the town hall for the place of birth within five days following the day of birth. Birth registration is separate from French nationality. Registering the birth does not, by itself, confirm that the child is French.
A child born in France to foreign parents may claim French nationality from age 13 through a declaration made by their legal representative. This route is available until before the child turns 16.
Documents for a Nationality Declaration
The child and their legal representative must provide evidence that the child meets the nationality requirements. The tribunal may request further documents based on the child’s circumstances.
The declaration file can include:
- A full copy of the child’s birth certificate
- The child’s identity document, where available
- A recent identity photograph
- Evidence that the child lives in France when the declaration is made
- Evidence that the child has had their habitual residence in France for at least five years since the age of eight
- Identity documents for the legal representative
- Evidence that the legal representative has parental authority to make the declaration on the child’s behalf
- Any documents requested to confirm the parents’ nationality or the child’s nationality status
French civil-status certificates must be issued within the required validity period. The tribunal accepts copies of most other documents, but applicants must be able to provide original documents if requested.
Documents written in a language other than French must be accompanied by a French translation. The translation must be completed by a sworn translator or a translator authorised to work with judicial or administrative authorities in another European country.
Certain foreign documents may also require legalisation or an apostille before the tribunal accepts them.
Submitting the Declaration
The legal representative must submit the declaration to the tribunal judiciaire or local court with jurisdiction over the child’s place of residence.
The tribunal will issue a receipt once the file is complete. The tribunal must register the declaration or notify the family of a reasoned decision declining to register within six months of receipt. If the tribunal does not respond within that six-month period, the declaration is treated as registered.
Challenging a Decision
If the tribunal declines to register the declaration, it must notify the family of a reasoned decision. The notification should explain how to make a challenge.
A challenge must be made within six months of receiving the decision. A lawyer is required for this procedure.
If the request is denied, applicants can contest it within 6 months of the decision. It is best to hire a lawyer if this is the case. Contact one of our Total Law lawyers at +44 (0)333 305 9375.
Other Routes To Obtain French Citizenship
A person does not need to be born in France to acquire French nationality. Depending on their circumstances, other routes include:
- Nationality by descent where at least one parent is French
- Nationality by declaration through marriage to a French national, where the legal conditions are met
- Naturalisation by decree after meeting the residence, integration, language and other eligibility requirements
French nationality may also be available through other specific declaration routes, such as a qualifying family relationship with a French national. The appropriate route depends on the applicant’s personal circumstances.
Naturalisation by Residency
Applicants for French nationality by naturalisation must normally have lived in France for at least five years. They must also meet other legal requirements, which may include integration into French society, language proficiency, good character, and evidence of stable circumstances.
A reduced two-year residence period may apply to applicants who obtained a French higher-education diploma after at least two years of study at a French institution. Other exceptions to the five-year residence period may be available in limited situations.
French Citizenship Through Marriage
A foreign national married to a French national may apply for French nationality by declaration after four years of marriage if they meet all legal conditions.
The required marriage period may be extended to five years if the applicant has not lived in France for at least three consecutive years since the marriage. It can also increase where the couple has lived abroad, and the French spouse was not registered with the French consular authorities during that period.
The French spouse must have held French nationality on the date of the marriage. The marriage must still be valid, and the couple must still be living together when the declaration is made.
How Can Total Law Help?
A child born in France has a fairly easy path to French nationality; however, children with French parents but born abroad may have a slightly more difficult path. That being said, French nationality is easiest to acquire through birth.
It can be very useful to have the help of an immigration lawyer when applying for French citizenship by birth. If you are appealing a citizenship application that has been rejected, our legal team can help you have a successful appeal. Give us a call today at +44 (0)333 305 9375 or message us online.
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