French citizenship : am I eligible ?

For most people living in France, obtaining French citizenship is the ultimate goal of their journey. However, one key piece of information is often misunderstood: French citizenship is not, and never will be, a guaranteed right. That said, there are various ways to obtain French citizenship, and this article will focus on the case of acquiring French nationality. Another article will address the situation of someone who has been French since birth but is unable to assert their citizenship.

Becoming a French citizen can be divided into two main categories. The first category accounts for 30% of the total and is known as “acquisition de la nationalité française par décret de l’autorité publique” (acquisition of French nationality by government decree). The second category covers what is called a “déclaration de nationalité” (declaration of nationality).

First of all, these two categories are not equal in terms of rights and how they are viewed by the legal system. In the first case, the state has significant discretion to deny an application for citizenship. In the second case, however, the process is more or less a legal right.

I. Acquiring French Citizenship by Government Decree

This situation is quite common. It applies to individuals who have been living in France for some time and wish to acquire French citizenship because they want to remain in the country and feel a sense of belonging to the national community.

A person can apply for French citizenship by government decree once they have lived in France for a sufficient amount of time. However, they will need to have a professional income (from a job in France, not overseas), and their entire family must be residing in France, not abroad. Additionally, their tax behavior will be scrutinized, as will their personal behavior—this goes beyond just criminal records. Even something as minor as an unpaid parking ticket can result in a denial.

And even if you meet all the criteria, the law provides enough leeway for the authorities to deny an application without a strong reason. In the event of a denial, there is a legal remedy, but it is often seen as futile. It can take the court several years to rule on a case, and in 90% of cases, they uphold the government’s decision.

This is largely because, since acquiring citizenship through this method is considered a favor granted by the state, there is nothing in the law to compel the state to grant it. Judges often argue that the applicant is free to reapply if they have addressed the issues raised.

II. Acquiring French Citizenship Through a Declaration of Nationality

Among the different situations in which someone can apply for citizenship through this process, the most well-known is the case of the spouse of a French citizen. This accounts for another 30% of the total, meaning that all other cases of acquiring French citizenship make up the remainder.

The simplest example is the case of a person married to a French citizen for a certain period of time. After this period, they can apply for French citizenship. This process can be done even if you do not live in France, as long as the marriage has been properly registered with the French authorities.

In this situation, the state has a legal deadline to reject your application, and if it does not do so within that time frame, you automatically become a French citizen once the deadline expires. Additionally, there are no income requirements.

If the state denies your application, you can go before the court and have a real chance of winning your case.

Another case where you can apply for French citizenship through a declaration of nationality is when you arrived in France at a young age and have a sibling who became French because they were born in the country.

Conclusion

Ultimately, these two methods are quite different, and the second method—through a declaration of nationality—should always be preferred over the first. I always advise individuals to pursue French citizenship through a declaration of nationality rather than by government decree.