France is the UK's closest neighbour, and with the rise of globalisation, cross-border marriages between the two countries have become more common. One key benefit of such a marriage is the opportunity for British nationals to obtain French citizenship and gain all the advantages of dual citizenship with a European Union country.
French citizenship through marriage is recognised under Articles 21-2 and 26-1 of the French Civil Code (Code Civil). The process for obtaining citizenship is detailed and can be complicated, requiring substantial documentation to prove the validity of an application. This includes evidence of the marriage's legitimacy, the duration of the marriage, and the integration into French society.
Angela Falqui, an associate in the Lyon office, commented "There are considerable benefits to obtaining French citizenship for a British national who will regain the ability to live, work, and travel unhindered across the European Union (EU) and the European Economic Area (EEA)". Angela further mentioned "Obtaining French citizenship through marriage not only simplifies legal matters like property ownership and inheritance, but it also provides access to a wide range of benefits. As a French citizen, navigating employment becomes much easier, and you gain the advantage of unrestricted access to the job market across the entire European Union, opening up new career opportunities and financial security."
There are a number of conditions that have to be met to enable an application to be made:
Eligibility Criteria
- Marriage Duration - The marriage must have lasted at least four years. If the couple has not lived continuously in France for at least three years during the marriage, the marriage must be at least five years in length.
- Continuous Cohabitation - The couple must have lived together continuously since the marriage began. Any interruptions in cohabitation could invalidate the application.
- Residency Requirements - If the couple does not live in France, they must have lived in France for at least three consecutive years at some point during their marriage. This requirement may be waived if the French spouse is registered at the appropriate French consulate.
- Marriage Outside France - If the marriage occurred outside France, it must be registered in the French civil registration system.
- Language Proficiency - You need to demonstrate French language skills at least at the CEFR B1 level.
- You must have a clear criminal record.
Application Process and Documentation
- Application Form: Complete the application form and pay the fee.
- Submission Location: Submit your application at a local prefecture in France or at the French embassy or consulate if you live abroad. Two signed copies of the application are required.
- Marriage Certificate - Provide a copy of your marriage certificate.
- Proof of Cohabitation - Submit evidence of continuous cohabitation, such as joint bank statements or tenancy agreements in both names.
- Previous Marriages - Provide proof of the dissolution of any previous marriage, if applicable.
- Spouse's Citizenship - Include documentation showing that your spouse is a French citizen.
French citizenship applications through marriage can be refused on several grounds. One major reason for refusal is if the marriage is deemed fraudulent. This means that if the authorities believe the marriage was entered into solely to obtain French citizenship, the application will be denied.
Another reason for rejection is a lack of integration into French society. Applicants must demonstrate that they are well-integrated by having adequate language skills, understanding French culture and respecting the values of French society. Poor language proficiency or a lack of cultural understanding can result in the application being refused.
Additionally, a criminal record within the past three years is a disqualifying factor. Any recent criminal offences will lead to the rejection of the application.
If your application is rejected there is an appeal process which must be invoked within two months of the notification of refusal and made through the courts.
Giambrone & Partners' French lawyers point out that the process of obtaining French citizenship through marriage is a structured legal process requiring close adherence to the procedures including providing translations into French by an accredited translator of all the documentation which is drafted in English.
The French authorities will scrutinise all the evidence provided to verify the authenticity of the marriage and the cohabitation. This may involve interviews, home visits, or requests for additional documentation, our experienced lawyers will be by your side at all times and ensure that an application will not fail due to an avoidable breach of the criteria.
Angela Falqui provides valuable support and insights in matters relating to immigration, corporate and commercial law and real estate. Angela's areas of expertise include international law, in particular, international contract law, French law and comparative procedures between Italy and France, European Law and EU regulations, Real Estate, immigration law and she has gained experience in Tunisian law.
Her in-depth knowledge of French immigration law ensures clients can seamlessly navigate processes such as the highly sought-after Talent Passport Visa, where she expertly handles the legal complexities involved. Her expertise also covers French citizenship applications based on descent, former colonial ties, marriage, or residency. Regardless of the complexity, her legal proficiency enables her to successfully manage even the most challenging cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.