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Birthright Citizenship

Rules and conditions under which individuals born in France can acquire citizenship automatically or later in life.

Sections

In France, birthright citizenship is regulated by the French Civil Code (Code civil), particularly Articles 18 to 21. The principle of jus soli is applied in a conditional manner, meaning that not all individuals born in France automatically acquire French citizenship. There are two main forms of jus soli in France:

a. Automatic Birthright Citizenship (Unconditional Jus Soli)

  • A child born in France to at least one parent who is a French citizen automatically acquires French citizenship at birth.

b. Conditional Birthright Citizenship (Double Jus Soli and Deferred Jus Soli)

  • Double Jus Soli: A child born in France automatically acquires French citizenship at birth if at least one parent was also born in France (double jus soli). This applies to children of immigrants whose families have been in France for at least two generations.
  • Deferred Jus Soli: A child born in France to foreign parents can acquire French citizenship later, under certain conditions:
    • The child must have been born in France and have lived in France for a significant portion of their life.
    • Citizenship is typically granted automatically at the age of 18, provided the individual has resided in France for at least five consecutive years since the age of 11.

2. Procedures for Acquiring French Citizenship via Birthright

The process for acquiring French citizenship through birthright depends on the specific circumstances of the individual. Below are the key procedures:

a. Automatic Acquisition at Birth

  • If the child qualifies for automatic citizenship (e.g., one parent is French or the double jus soli rule applies), no formal application is required. The child is considered a French citizen from birth.
  • Parents can request a French birth certificate (acte de naissance) from the local town hall (mairie) where the child was born. This document will indicate the child’s French nationality.

b. Deferred Acquisition at Age 18

  • For children born in France to foreign parents who do not qualify for automatic citizenship, the process is as follows:
    1. At age 18, the individual automatically acquires French citizenship if they meet the residency requirement (five consecutive years in France since the age of 11).
    2. To formalize their citizenship, they may need to request a certificate of French nationality (certificat de nationalité française) from the local court (tribunal judiciaire).
    3. Supporting documents, such as proof of birth in France, proof of residence, and parents’ identity documents, may be required.

c. Early Acquisition (Before Age 18)

  • In some cases, a child born in France to foreign parents can apply for French citizenship as early as age 13, provided they have lived in France for at least five years. This requires parental consent and a formal application to the local court.

3. Costs Involved

The costs associated with birthright citizenship in France are generally minimal, as the process is largely administrative. Here is a breakdown:

  • Birth Certificate: Obtaining a French birth certificate (acte de naissance) is free of charge.
  • Certificate of French Nationality: Requesting a certificat de nationalitΓ© franΓ§aise is also free.
  • Legal Assistance (Optional): If legal advice or assistance is needed, costs may vary depending on the lawyer or legal service provider. Fees typically range from €100 to €300 per consultation.

4. Country-Specific Considerations

There are several important considerations to keep in mind regarding birthright citizenship in France:

a. Dual Nationality

  • France allows dual nationality. A child who acquires French citizenship through birthright can also retain the nationality of their parents, provided the other country permits dual citizenship.

b. Statelessness Prevention

  • France has measures in place to prevent statelessness. A child born in France to foreign parents who are stateless or whose nationality cannot be passed on to the child will automatically acquire French citizenship at birth.

c. Residency Verification

  • For deferred or early acquisition of citizenship, proof of residency in France is crucial. This can include school records, rental agreements, or utility bills. It is important to maintain proper documentation throughout the child’s life.

d. Children of Diplomats

  • Children born in France to foreign diplomats do not automatically acquire French citizenship, as they are considered to be under the jurisdiction of their parents’ home country.

e. Administrative Delays

  • While the legal framework is clear, administrative delays can occur when processing requests for certificates of nationality or other documents. It is advisable to start the process well in advance if documentation is needed for official purposes.

5. Summary of Key Points

  • Automatic Citizenship: Granted at birth if at least one parent is French or under the double jus soli rule.
  • Deferred Citizenship: Automatically granted at age 18 for children born in France to foreign parents, provided residency requirements are met.
  • Early Application: Possible from age 13 with parental consent and proof of residency.
  • Costs: Minimal, as most administrative processes are free.
  • Dual Nationality: Permitted under French law.
  • Documentation: Maintaining proof of residency and identity is essential for deferred or early citizenship acquisition.

If you have specific questions about your situation or need further clarification, feel free to ask!