Immigration Law: Nationality and Naturalisation

French nationality is governed by the Civil Code and may be acquired in various ways:

1. Acquisition by descent

• Any child of whom at least one parent is French automatically has French nationality.

2. Acquisition by birth in France

• The “double jus soli” rule allows, under certain conditions, nationality to be obtained at birth for children born in France of whom one parent was also born in France.
• Automatic acquisition at the age of 18 is also provided for a foreign national born in France to foreign parents, subject to habitual residence, continuous or not, of at least five years.

3. Acquisition by declaration

• This applies to adopted children, to the spouse of a French national (after four years of marriage and subject to conditions of shared life and lawful residence), and to other categories (possession of French status, descendants, ascendants, brothers and sisters born abroad).

4. Acquisition by decree: naturalisation

• Naturalisation is decided by decree of the Minister for Immigration and requires, in principle, lawful and permanent residence in France for five years, sufficient material resources, integration shown by a good command of the French language and adherence to the essential values of the Republic, and conduct consistent with the requirements of loyalty and good character.
• The naturalisation file, filed at the Prefecture, is subject to inquiries and interviews. A decision is generally given within eighteen months.
• In the event of a refusal, the applicant may bring administrative appeals (by applying to the competent Minister) or court proceedings (before the Administrative Court of Nantes for appeals concerning all decisions relating to the acquisition of nationality).

Maître Zied El Air acts at every stage, from the preparation of the file to representation before the competent courts in the event of an appeal.