Does marrying a Frenchman automatically affect nationality?
Marriage to a French person does not automatically entail the acquisition of French nationality for the foreign spouse.
In such a case, you must comply with certain conditions for a application for naturalization French.
What conditions must I meet?
In order to acquire French nationality by marriage, you must first meet all of the following conditions:
French nationality of your spouse
First, your spouse must have French nationality on the day of your wedding.
In addition, your spouse must have retained French nationality since the date of your marriage.
Duration of marriage
The most important aspect of your marriage is the deadline. Thus, you must have been married for at least 4 years to a Frenchman on the date of your declaration.
Wedding venue
Then, you must transcribe your marriage with the French civil status registers despite the celebration of your marriage abroad.
Valid residence permit
You must have a valid residence permit when you submit your application, unless you have the nationality of a countries of the European Economic Area.
In addition, you must not have been the subject of an expulsion order or a ban from French territory still in force.
community of life
As a general rule, the community of life with your spouse must have been continuous since your marriage. In other words, as a married couple, you must live together.
Knowledge of the French language
As for the French language, you must prove that you have sufficient knowledge.
No criminal conviction
You must not be in one of the following situations:
- Conviction in France to a sentence of at least 6 months in prison without suspension
- Conviction for a crime or misdemeanor
- Conviction for a act of terrorism
Where do you need file the case?
Once the file is complete, it must then be sent to the prefecture of the place where you live. Specifically, you must address the naturalization platform.
How much should I pay?
As for the price of the procedure, you have to pay 55 €. It should be noted that this tax is settled with a revenue stamp.
What documents must be presented?
Depending on your personal and family situation, a simulator presents you with the personalized list.
In principle, in order to compile your dossier, you must prepare the following documents:
- Form in 2 copies dated and signed
- 2 recent passport photos
- Electronic tax stamp from 55 €
- Copy of an identity document
- Copy of proof of address
- Your original birth certificate
- Your original marriage certificate less than 3 months old. In case of celebration of your marriage abroad, you must present a recent copy of its transcription on the French consular registers
- In case of previous marriages, marriage certificates and all documents justifying their dissolution. For example, copy of divorce decree, death certificate
- If you have children, birth certificates of your children
- Original birth certificate of your spouse if he was born in France to at least one parent who was himself born there.
- Any document proving the community of life. For example, common tax assessment notice to the spouses.
- Any recent document in both names bearing your current address. For example, recent electricity, water or landline bill.
- If you have been married for less than 5 years, proof of regular and uninterrupted residence in France for at least 3 years since the marriage. For example, residence permits, receipts for applications for residence permits or asylum applications, employment contracts.
- Diploma or certificate concerning your level in French.
- If you have resided abroad in the past 10 years, you must provide an extract from your foreign criminal record, or equivalent document issued, after your arrival in France, by a judicial or administrative authority of the country or countries where you have resided. .
Depending on your situation, the administration may ask you to submit additional documents.
Investigation of the case
Pass an interview
Once your file has been sent, you and your spouse will be called for an interview. This interview will verify your situation.
For example, one of the important aspects is to certify that your affective and material community of life has not ceased since your marriage.
Finally, during an interview, it is checked whether the applicant demonstrates a suitable command of the French language, a sufficient knowledge of French society and culture.
After an interview
At the end of this interview you will receive a receipt.
In addition, after this interview, the file is sent to the Ministry of the Interior, which is competent to grant French nationality or not.
It takes a decision within 1 year.
Result of the request
If your request is accepted
If your request is accepted, the prefect sends you a copy of your declaration of French nationality by marriage.
Your statement mentions the registration by the Minister of the Interior.
This document will allow you to request a certificate of French nationality and a national identity card.
If your request is refused
When you do not meet one of the conditions provided for by law, the Minister of the Interior thus refuses the registration of your declaration of French nationality.
Subsequently, the ministry notifies its reasoned decision.
Adjournment
The Minister of the Interior may decide to postpone the application for naturalization. In such a case, the decision to defer the application for naturalization may set a deferment deadline or impose certain conditions.
It should be noted that the minister can also adjourn the application for naturalization even though the prefect has issued a favorable proposal.
Opposition to you becoming French
The Minister of the Interior may oppose the acquisition of French nationality for unworthiness or lack of assimilation. For example, this is the case of polygamy.
In the event of opposition from the Minister of the Interior, you are considered never to have acquired French nationality.
The opposition must occur within 2 years from one of the following dates:
- Date of issue of the declaration receipt
- In case of refusal of registration, date on which the judicial decision admitting the regularity of the declaration is passed in the force of res judicata.
Can I challenge the decision of the Minister of the Interior?
You have the possibility of contesting the decision of the Minister of the Interior within the following deadlines:
- You can address a hierarchical appeal to the Minister of the Interior or a contentious appeal before the administrative court within 2 months from the notification of the decision of refusal. In such a case, you must mention the reasons why you are requesting a new examination of your file following this refusal.
- If you do not get any response within 4 months, you must consider your appeal as having been rejected.
- You can also challenge the adjournment before the administrative judge in the same forms as a rejection decision.
- In case of opposition, you have a period of 2 months to contest the decision before the Council of State. In such a case, the lawyer is obligatory. He is in charge of the process.