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READER QUESTIONS

Can you get married in France if you don’t live here?

France has a booming wedding industry and many of its beautiful and historic chateaux - including more than a few owned by foreigners - hire themselves out as the perfect romantic wedding venue. But what's the legal position around getting married in France as a non-resident?

Can you get married in France if you don't live here?
Photo by ALAIN JOCARD / AFP

Google ‘French wedding chateau’ and you’ll get thousands of results, complete with romantic pictures of beautiful brides, handsome grooms and historic country houses, but not all of these ‘weddings’ are quite what they seem.

Getting married in France – as in any country – is a legal procedure as well as a romantic celebration and there are certain hoops to jump through in order to make sure that the wedding is a legally binding ceremony. These include an interview at the commune where you intend to marry, a lot of paperwork and publishing the bans at least 10 days in advance (unless there are exceptional circumstances).

READ ALSO What you need to know about getting married in France

There are also different rules depending on whether you are a French citizen, a French resident or a visitor who simply wants to hold your wedding here.

French resident or citizen

If one or both of the couple is a French citizen or has permanent residency in France, then you have the right to get married here. 

You need to make an appointment at the mairie and begin collecting the paperwork together – full details here.

There is one important caveat for foreigners – you must also be able to legally marry in your home country. This can be an issue for same-sex couples whose home country does not allow them to marry. 

Non-resident

If you do not have citizenship or residency, it may still be possible to marry here – you are required to have some kind of ‘close link’ to the commune in which you want to marry.

This is up to local authorities to decide upon, but common examples include the parents of one half of the couple living in the commune (whether they are French or not) while second-home owners may be able to demonstrate that they have a close link to the commune.

No link

If you and your family have no particular links to France, then you may not be able to legally marry here. Here are the options;

Just a party – the most common tactic for people who don’t live here is to have their beautiful celebration at the chateau of their choice and then do the legal bit at another time.

In many ways this is the best of both worlds – you can still have a romantic ceremony and/or fabulous party with all your nearest and dearest in a beautiful setting, but you don’t need to worry about filling in French paperwork and trying to follow a marriage ceremony that must, by law, be in French. You can then do the legal bit at the register office in the country where you live either before or after the ceremony.

Most wedding venue chateaux are perfectly upfront about the fact that the ceremony they’re offering is not legally binding, and all responsible venue owners will make it clear to the couple that they will have to do the legal paperwork themselves. 

One-month residency – if you are determined to be legally married in France, you can do so by establishing residency here

At least one member of the couple must have “resided continuously for at least one month” in the commune in which you want to marry. There is no requirement to have a residency card, nor for your tax residency to be in France.

You will need to provide proof of your stay, but this can be in the form of a simple attestation (affidavit) from your host or host institution (eg a hotel) with the dates of your stay.

Once you have been in France for a month, you can then visit the mairie and begin the process – this is the same as for permanent residents and includes a file of paperwork and an interview with the registrar. 

The one-month residency must be before the bans are read, and the bans must be read a minimum of 10 days before the ceremony – so in total you must arrive in France six weeks before the ceremony date.

The wedding ceremony must be in French, but you can have a translator, and the registrar can do this themselves (if they speak English obviously).

The civil ceremony will probably have to be in the mairie (see below).

French overseas territories – if you don’t have a spare month to establish residency in France, you can get married in some of France’s overseas territories without this requirement.

The French overseas territories of;

  • Nouvelle-Calédonie
  • Polynésie française
  • Saint-Barthélémy
  • Saint-Martin
  • Saint-Pierre-et-Miquelon
  • Wallis-et-Futuna

allow you to marry without residency. However other French overseas territories, such as the Caribbean islands of Martinique and Gaudeloupe, do not.

Consular wedding – in certain circumstances it may be possible for you to be married at the consulate of your home country in France, or in front of a consular official, but this depends on your home country’s policy.

Most consulates offer this only in exceptional circumstances.

Mairie

Even French residents and/or citizens usually cannot actually get married at the chateau, and this is because France is a secular country so only civil marriages are legally recognised. In order to make your marriage legally binding you will need to have a civil ceremony in a public building in the commune where you have registered your paperwork.

The ‘public building’ is usually the mairie, but can be a village hall or other community building and the ceremony is performed by a local official – usually the mayor or deputy mayor.

Once you have done the civil ceremony, you can then have either a religious wedding or a lakeside chateau ceremony or whatever else you want, but it’s the mairie bit that makes the marriage legally binding.

(Just photos? Never mind not doing a legal wedding – some couples don’t even have the party in France, they just bring their wedding outfits along on their honeymoon and pose for photos in front of French landmarks like the Eiffel Tower).

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TRAVEL NEWS

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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