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FRENCH CITIZENSHIP

Can driving offences prevent you getting French citizenship or residency?

One of the requirements for fulfilling criteria for French citizenship through naturalisation is a clean criminal record. Does this mean fines for traffic offences disqualify you?

Can driving offences prevent you getting French citizenship or residency?
(Photo by Thomas SAMSON / AFP)

It’s fairly common in France for all drivers, including foreign motorists perhaps not used to the rules or changing speed limits, to commit driving offences.

Whether being caught on a radar for driving too fast, not stopping at a stop sign – not always as obvious as it sounds,  or perhaps not giving way for someone arriving from the right – the driving offences can add up as the points on your license dwindle.

But could these driving offences thwart your bid to become French or even just gain residency?

The short answer is probably not.

Citizenship is not usually denied for relatively minor law-breaking, such as speeding fines. And that’s despite a case in July 2019 in which a nurse was initially refused citizenship on the grounds that she worked too hard and failed to “comply with the law” on working hours.

During the citizenship application process, as well as language and integration tests, you have to provide proof that you have no criminal record over the past 10 years – including, if necessary, evidence of a clean record from other counties in which you were resident.

Applicants must not have been convicted of a crime resulting in a jail term of more than 6 months, or have been convicted of a crime or offence that breaches or attacks the interests of the French state. Moreover, those who apply for citizenship through naturalisation – rather than by ascendancy or marriage – also need to demonstrate ‘good moral conduct’.

On the whole, that rules out most – but certainly not all – driving offences.

What if you already have citizenship

If you have acquired French nationality, it can be contested within two years if it is found that the legal conditions for obtaining it were not met, or were obtained fraudulently. 

Furthermore, nationality may be withdrawn if the holder’s conduct is contrary to the interests of France.

Finally, citizenship may be refused or revoked in the event of a particularly serious crime, such as:.

  • Conviction for acts against the fundamental interests of the nation, or conviction for serious offences such as  acts of terrorism;
  • Conviction for crimes considered to be crimes against the public administration (crimes committed by persons holding a public office);
  • Conviction for acts of insubordination in relation to performance of national service;
  • Engaging, for the benefit of a foreign state, in acts that are incompatible with the quality of French national and commission of acts that are prejudicial to the interests of France. No prior conviction is necessary.

Importantly, revocation of French nationality may be decided only if the following conditions are met:

  • You have acquired French nationality by naturalisation, ascendancy, or marriage. Anyone of French nationality by birth cannot lose it;
  • You have another nationality. It is not possible to make a person stateless.

France already can and does deport foreigners found guilty of serious crimes, while being convicted of a crime in France can also prevent you from being able to renew your visa or residency card.

If you are convicted of a crime and imprisoned in France, you can be served with an interdiction du territoire français – a ban from French territory. This is not automatic for all jailed foreigners, and is usually reserved for offences such as drug-trafficking, violent crime or terror offences.

What about residency rights?

Foreigners who have residency rights in France will periodically need to renew their visa or carte de séjour – and having a criminal conviction could mean that your renewal request is turned down. This is usually only the case if you have been convicted of a serious crime, but it’s not exclusively the most serious offences.

Between October 2020 and June 2021 8,031 carte de séjour renewals were refused on the grounds of criminality. Of these, 27 percent were for serious offences including assault, attempted murder, organised fraud and threatening a public official.

However, 5.9 percent were for driving offences – the official data does not specify the type of offence, but it seems safe to assume they were at the heavier end of the offence spectrum – 6.3 percent were following a domestic violence conviction, and 7 percent were for offences of begging or soliciting.

Member comments

  1. I agree with this article. What you have to present to apply for French citizenship, is a “Casier judiciaire vierge” – in other words, proof that you don’t have a criminal record. I imagine that if you do have a criminal record, they would then have to consider whether this prevents you from being allowed citizenship, but I, in spite of several traffic offences (exceeding the speed limit, not respecting “stop” signs, etc.), don’t have one, and this hasn’t prevented me from working for the French government, nor acquiring citizenship. I suppose a very serious traffic offence probably would give you a criminal record.

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FRENCH CITIZENSHIP

Reader question: Can you lose your French citizenship if you commit a crime?

The path to getting French citizenship is long and arduous - but once you've got it, can you lose it again if you are convicted of a crime? What about during the 'two year rule' period?

Reader question: Can you lose your French citizenship if you commit a crime?

One of the things you need to do when applying for citizenship is prove that you have not been convicted of a crime by providing your extrait de casier judiciaire (criminal records check).

Depending on your criteria for citizenship, you may need to demonstrate a clean record going back 10 years – both in France and in any other countries you have lived in during that period.

Getting your French casier judiciaire is fairly straightforward – you can apply online, the document is sent by email within a few days and the service is free. Other countries have different systems which may be more complicated, time-consuming and expensive.

Citizenship is highly likely to be refused to anyone who has:

  • Conviction(s) for acts against the fundamental interests of the nation, or conviction for serious and / or violent offences;
  • Conviction(s) for crimes against the public administration (crimes committed by persons holding a public office);
  • Conviction(s) for acts of insubordination in relation to performance of national service;
  • Engaged for the benefit of a foreign state, in acts incompatible with the quality of French national and commission of acts that are prejudicial to the interests of France.

Decisions are made on a case-by-case basis but it’s unlikely that citizenship would be refused due to a previous conviction for less serious crimes including driving offences.

READ ALSO French citizenship: How long does it take for your application to be dealt with?

But what about once you have your French citizenship?

Now we know readers of The Local are fine, upstanding, law-abiding citizens but let’s say that you do find yourself in front of a French court after becoming French.

Well, chances are you’re not about to lose citizenship for most types of criminal convictions.

But not all. There are several circumstances in which people may be stripped of French nationality. 

  • If you are convicted of a crime or an offence constituting undermining the fundamental interests of France;
  • If you are convicted of a crime or an offence constituting an act of terrorism;
  • If, while in public office, you are convicted of a crime or an offence constituting interference with public administration. For example, infringement of individual freedom, discrimination;
  • If you have not complied with the obligations arising from national service;
  • If you have acted for the benefit of a foreign state, incompatible with being French.

It is also possible for a person’s nationality revoked if the following two conditions are applicable:

  • If you are are active in a foreign army, public service or international organisation of which France is not a member, and;
  • You refuse to stop this activity despite a government order.

Being convicted of an ‘ordinary’ crime such as burglary or assault – or driving offences – would not result in your losing citizenship.

Does it matter when you became French?

You might have heard talk of the ‘two-year rule’ – this concept is often misunderstood, but in fact just means that your French citizenship can be annulled if you are found to have lied on the application or if the official in your case has made a mistake and you are not eligible for French nationality. In both cases, this can only happen within two years of your being granted citizenship.

Find a full explanation of the two-year rule HERE.

Once the two years have passed your citizenship cannot be annulled, but you can be stripped of citizenship in the circumstances described above.

There is a timeline of sorts here though.

Citizenship can only be stripped if the crime as outlined above was committed either before acquiring French nationality or within 10 years of acquiring French nationality.

This timeline is extended to 15 years in the event of an attack on the fundamental interests of the Nation or an act of terrorism.

Crucially, no person can be left stateless under French law – this means that only those who have dual nationality can be stripped of French citizenship. Therefore people whose home country does not allow dual nationality and who gave up their original nationality to become French cannot lose their French citizenship.

Anyone who is French by birth cannot lose their French nationality.

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