French citizenship is automatically granted to a child if its mother/father holds a passport of the country. Children of foreigners who are born in the country are eligible for citizenship upon fulfillment of certain legal requirements. France allows multiple legal affiliations, so foreigners can obtain a second passport of the country without giving up their existing one.
French legal framework
The main legal aspects of granting French nationality are set out in the Nationality Code, the Constitution and Decree No. 93-1362 of 30 December 1993. Based on these documents, it is possible to formalize legal affiliation to the country by birth or by naturalization.
The unconditional acquisition of the French nationality for children is possible if at least one of the legal representatives has the legal status of the country. In this case, the place of birth is irrelevant. If the mother and father are in an unregistered relationship, this has no effect on the procedure as long as the child has an officially recognized legal representative of French origin.
A child can inherit French nationality from its parents regardless of its place of birth, so there is no need to organize the birth in France.
With the help of experienced attorneys, foreigners are able to take advantage of more attractive immigration to secure residency status for themselves and their children, as well as increase their prospects for obtaining citizenship.
Obtaining the status by birthright
In France, Jus sanguinis and Jus soli – the right of soil and the right of blood – apply simultaneously. However, there are certain restrictions for persons of foreign origin. When children are born on the country’s territory into a family where both parents are foreigners, there are several possible ways to obtain citizenship:
- At the age of 18. In order to obtain French citizenship, the child must have resided in the country for at least five years from the age of 11. In this case, the applicant applies for a new legal status independently. It is also necessary to provide documents on French school education, as well as details of family status and income.
- Between the ages of 16 and 18.
A minor can apply for French citizenship on their own if he/she has lived in the country for more than five years, starting from the age of 11. They must also prove that they have attended school in France. - Between the ages of 13 and 16. In this case, the legal affiliation can be granted upon the request of the legal representatives of the child who have been living in France on a permanent basis for more than eight years. In addition, the minor applicant must give his/her written consent to the granting of citizenship.
Citizenship for adopted children
To obtain a passport when adopted by a French citizen, the child must write a renunciation of the existing identity card and prove permanent residence with the adoptive family. A person who has been in the custody of a French citizen or the country’s social services by court order for at least three years is also eligible to apply for citizenship. The first step is the issuance of a long-stay visa with the word “adoption” on it. The document is issued by the International Mission for Adoption and allows the child to cross the border for further processing of the documents for adopting a foreigner.
Parent legal status
Children born in France can obtain citizenship when they meet the immigration requirements. For parents, it is possible to obtain a passport by naturalization through long-term residence in the country. In the first stage of immigration, applicants obtain a residence permit in France on the basis of family reunification or other legal immigration grounds. If a relative of a foreigner is a citizen or a permanent resident of the country, it is possible to obtain a passport under the program after 3 years of legal stay in the country.
Required documents for obtaining French citizenship
Depending on the legal grounds of the French passport application, a child born in France will need to present:
- Birth certificate;
- Documents confirming residence in the country for five years or more;
- Written consent to legal affiliation with the state – for applicants between the ages of 13 and 18;
- Documentary proof of kinship with a French citizen.
You can find the current list of dossiers and download the application form on the website of the French State Administration.
All the ways to obtain French citizenship for a child and parents
It is possible for a child to obtain French citizenship by being born in the country. However, in order to obtain the status, the child must reside in the country with his or her parents for a certain period of time. Moving to France for the purpose of giving birth in the country is possible for foreigners based on income-generating activities. Thus, migrant workers and businessmen have the right to obtain a visa to France and acquire a renewable residence permit for one year. The process of registering a business is simple and takes a few weeks. Residence permit in France through the opening of a company or employment provides for family immigration together with spouses and children and is also the first stage of standard naturalization, the total period of which is 5 years.
Registration of a residence permit in France by one of the parents on the basis of financial solvency also allows for a child to become a legal resident of the country. Foreigners receiving passive income from abroad are eligible for this option. Stable cash income, sufficient to live in the country, allows you to apply for a residence permit in France for financially independent persons. The status is valid for 12 months and could be renewed annually. This category of immigrants has the right to obtain a passport together with their children after fulfilling the five-year residency requirement.
Founders of innovative start-ups, who wish to reside in France for themselves and their children for up to four years are eligible to participate in the French Tech Visa program. After five years of residence, entrepreneurs are able to apply for family immigration and naturalization. Children of citizens acquire status automatically, by the right of blood. In the case of a child born in France to residents, there is a prospect of citizenship registration when the child reaches the age of 18.
Applicant requirements
Foreign minors applying for a French passport must prove:
- Birth within the territory of the state and education in France;
- Residence on the basis of a residence permit obtained through family reunification;
- Close kinship with French citizens by birth or by naturalization;
- Adoption by citizens or social services of the State.
The state fee for applying for citizenship is 155 EUR. The time required for the processing of the application depends on the legal grounds for immigration.
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