French Nationality Law

You are French by descent or born in France (schooling and residence in France) and you wish to  establish your French nationality through a certificate of French nationality. 

A certificate of French nationality is often required when applying for or renewing a passport, a  French national identity card, or when your foreign national spouse wishes to become French by  declaration. 

Several civil status documents must be provided in support of your request. 

All civil status documents must comply with the applicable civil status rules of the foreign  country of which you are a national. 

Article 47 of the Civil Code states that: 

“Any civil status act of French nationals and foreigners drawn up in a foreign country and drafted  in the forms used in that country shall be accepted as valid, unless other acts or documents  held, external data, or elements derived from the act itself establish that this act is irregular,  falsified, or that the facts declared therein do not correspond to reality.” 

Documents that do not comply with the foreign country’s laws cannot be recognized as having  any probative value under Article 47 of the Civil Code. 

As a result, the certificate of French nationality will be refused. 

The request for a certificate of French nationality involves a risk whose legal consequences  should be fully measured. 

Especially since a certificate of French nationality can be contested at any time by the Public  Prosecutor. 

A thorough reflection and comprehensive analysis of your situation are crucial before initiating a 

request for a certificate of French nationality on your own, despite the requests of French  administrative or consular authorities. 

Nadia HAMMAMI accompanies and advises you during the preparation of your French nationality  certificate application: 

• Appointment at the Office; 
• File preparation; 
• Submission and registration of the file; 
• Follow-up of the file and correspondence with administrations; 

• Execution of the decision with administrative and consular authorities;

If you have been notified of a refusal, you can challenge this decision through an administrative  or hierarchical appeal.  

These non-contentious appeals are generally not very effective, as the Ministry usually confirms  the refusal to issue the French nationality certificate.  

In this context, a contentious appeal to the judicial court of your residence or the judicial court of  Paris if you live abroad is the preferred procedure.  

The Public Prosecutor can also challenge your French nationality certificate before the judicial  court through a negation action of nationality; the Office also ensures your defense to maintain  your French nationality. 

Nadia HAMMAMI represents you in this declaratory action of French nationality before the  judicial court: 

• Appointment at the Office; 
• Request for a copy of your file from the Nationality Department archives; • Summoning the Public Prosecutor; 
• Follow-up of procedures and conclusions; 
• Pleadings; 

• Execution of the decision with administrative and consular authorities; 

If a decision to refuse to register your declaration has been made, you can contest this refusal 

before the judicial court of the declarant’s domicile within six months of its notification or before  the judicial court of Paris, which is competent for refusals to register declarations of French  nationality for persons residing abroad. 

Nadia HAMMAMI accompanies and represents you before the judicial court to contest this  refusal to register your declaration of French nationality: 

• Appointment at the Office; 
• Summons; 
• Follow-up of procedure and conclusions; 
• Pleadings; 
• Execution of the decision with administrative and consular authorities; 

If you are French by descent and have common law civil status, you can directly bring an action  before the judicial court to declare that you are French, without first requesting the French  nationality certificate, often required by French administrative or consular authorities to prove  your French nationality.  

If you wish to prove your French nationality, it is in your best interest to directly bring a  declaratory action of French nationality before the judicial court instead of obtaining a French  nationality certificate.  

This declaratory action has the advantage of establishing your French nationality through a  judgment whose res judicata authority guarantees its permanence, unlike the French nationality  certificate, which is merely an administrative document that can be contested at any time  without any time limitation by the Public Prosecutor.  

Furthermore, the French nationality certificate only affects its holder; consequently, descendants  cannot prove their French nationality by descent merely by presenting the French nationality  certificate.  

This is not the case with the French nationality judgment, which serves as proof of French  nationality. 

Nadia HAMMAMI advises and represents you before the judicial court to initiate your declaratory  action of French nationality:

• Appointment at the Office; 
• Summons; 
• Follow-up of procedure and conclusions; 
• Pleadings; 

• Execution of the French nationality judgment with French administrative and consular  authorities;

A declaration of French nationality through marriage can be filed if your spouse is of French  nationality.  

The acquisition of French nationality by marriage is governed by Articles 21-1 to 21-6 of the Civil  Code.  

Article 21-2 of the Civil Code provides that: 

“An alien or stateless person who marries a spouse of French nationality may, after a period of  four years from the date of marriage, acquire French nationality by declaration, provided that, at  the date of this declaration, the community of emotional and material life between the spouses  has not ceased since the marriage and that the French spouse has retained his or her nationality.  The community life period is extended to five years if the foreigner, at the time of the declaration,  either cannot prove that he or she has resided continuously and legally in France for at least  three years from the date of marriage, or cannot prove that the French spouse was registered for  the duration of their community life abroad in the register of French nationals established outside  of France. Additionally, the marriage celebrated abroad must have been transcribed in advance  on the French civil status registers. The foreign spouse must also demonstrate sufficient  knowledge, according to his or her condition, of the French language, the level and modalities of  which are set by decree of the Council of State.” 

The declaration of French nationality by marriage file consists of the following documents: 

• Cerfa form No. 15277 in 2 copies, dated and signed by both spouses; 
• Copy of an identity document (passport or residence permit) and copies of the passports of  minor children who may become French at their majority; 
• Copy of a recent proof of address mentioning name, first name, and full address; • Your original birth certificate dated less than 3 months; 
• Your original marriage certificate dated less than 3 months; 

(In case of previous marriages, a copy of the divorce decree); 

• Birth certificates of children dated less than 3 months;
• Original birth certificate of the spouse and any document proving French nationality; • Any document proving the emotional and material community of life since the marriage; • Diploma or certificate of the level in French language; 

Once the file is complete, the declaration of French nationality by marriage must be submitted: 

• to the naturalization platform of the Prefecture where you reside or 
• to the French Consulate if you reside abroad;

Nadia HAMMAMI accompanies you during the preparation and registration of your declaration of  French nationality by marriage: 

• Appointment at the Office; 
• File preparation; 
• Submission and registration of the file; 
• Follow-up of the file and correspondence with administrations; 

• Execution and registration of the decision with administrative and consular authorities;

Residence permit applications are submitted to the prefecture of the foreign national’s place of  residence after obtaining an appointment.  

There is a generalized dematerialization of residence permit application or renewal procedures.  

Nadia HAMMAMI informs and assists you with “Simplified Procedures” and “ANEF (Digital  Administration for Foreigners in France)” for submitting your file. 

She assists you in preparing your file, submitting, and registering your residence permit  application: 

• Exceptional admission to residency; 
• Change of status; 
• Renewal of residence permit; 
• Residence permit: employee, temporary worker, seasonal worker, entrepreneur, student, visitor,  foreign national with a medical condition, or retired, private and family life (parent of a French  child, French spouse, personal and family ties, young adults); 
• Resident card; 
• Talent passport; 
• Algerian residence certificate; 

• Circulation document for foreign minors (DCEM); 

Nadia HAMMAMI informs and assists you in bringing your family to France. A family reunification  request must be submitted to the French Office for Immigration and Integration (OFII).  

The file is forwarded to the Prefect, and the decision must be made within six months of  submitting the file.  

If a favorable decision is made, a visa must be requested from the French consular authorities of  the family member’s country of residence.  

If an unfavorable decision is made (express or tacit – silence for more than six months), several  remedies can be introduced: 

• Administrative appeal (to the Prefect), hierarchical appeal (to the Minister); • Contentious appeal (before the Administrative Court). 

Nadia HAMMAMI advises and represents you at all stages of your family reunification request: 

• Preparation of your family reunification file; 
• Submission and registration of your family reunification file with OFII; 
• Visa application with the French consular authorities; 
• Correspondence with OFII and the prefecture for the follow-up and processing of your file; • Contentious appeal before the Administrative Court in case of refusal; 

The refusal of a residence permit is an administrative decision made by the Prefect informing the  foreigner of a refusal to issue or renew a residence permit or the withdrawal of their residence  permit.  

Almost systematically, the decision to refuse residency is accompanied by an obligation to leave  French territory and sometimes a ban on returning to French territory.  

It is important to react quickly and contact an immigration lawyer as soon as possible, as  different and sometimes very short deadlines have been established to lodge an appeal.  

The law of March 7, 2016, established different appeal deadlines depending on the type of OQTF: 

• The obligation to leave French territory with a voluntary departure deadline can be contested  before the territorially competent Administrative Court within 30 days of notification of the  decision. 
• The obligation to leave French territory without a voluntary departure deadline can be  contested within 48 hours or 15 days before the territorially competent Administrative Court. 

In the absence of an appeal within the time limits, the obligation to leave French territory  becomes enforceable and the foreign national may be removed from French territory at any time. 

Nadia HAMMAMI advises and represents you before the administrative court in the context of an  appeal against decisions to refuse a residence permit, the obligation to leave the territory, and  the ban on returning to French territory: 

• Gracious appeal (Prefect, Minister of the Interior); 
• Litigation (Administrative Court); 

• Summary proceedings (Administrative Court) in case of emergency.