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CITIZENSHIP

Can I apply for French citizenship from outside France?

Is it actually necessary to be living in France in order to apply to become French? And do you have to stay there while you're waiting for your application to be processed?

Can I apply for French citizenship from outside France?
Photo by JEFF PACHOUD / AFP

Applying for French citizenship can be a lengthy process – the average time to process the application is between 18 months and two years, but it can take longer in certain préfectures – so do you have to be living in France for all that time?

The short answer, as so often in France, is ‘it depends’.

In this case it depends how you are applying for citizenship – through marriage, through ancestry, through being born in France (droit du sol) or through residency.

READ ALSO The ultimate guide to getting French citizenship

Marriage – if you are married to a French citizen and are applying through marriage then there is no need to be resident in France. You can apply in the country where you are resident at the time, and the application will be processed through the French consulate. You will, however, need to have been married for at least four years – full details here.

Ancestry – if you have a parent who is a French citizen you can apply through ancestry (and only a parent will do, France does not accept applications through grandparents or more distant ancestors like some countries). In this case, as with applying through marriage, you apply in the country you are resident in and the application is dealt with by the French consulate. If your parent has been out of France for many years, you may need to prove that they maintain a ‘connection’ to the country, such as owning property there are being on the electoral roll for overseas voters – full details here.

Residency – if you have no family or spouse connections to France then you can apply through residency if you have lived in France for five years (the qualifying period can fall to two years if you completed higher education in France). If you are applying through residency then you must have five (or two, as applicable) years of continuous residency.

During the qualifying period you can of course leave France to go on holiday, but France must remain your place of full time residence for the full five (or two) years preceding your application, and you must still be resident when you make the application.

READ ALSO When can you start counting residency in France towards citizenship?

You also need to remain resident in France while your application is being processed (obviously going on holiday during this period is fine) and the French government stipulates that you must still be resident in France “on the day that the decree is signed”.

Once your application is approved and published in the Journal Officiel, then you are free to leave France and, as a French citizen, you can come and go as you please in the future. It should be noted, however, that you will need to apply for a new French passport once you have your certificate of naturalisation and that process can take a couple of months.

Born in France – a child born in France with at least one French parent is automatically entitled to citizenship from birth, but children born in France to non-French parents can be entitled to citizenship under the droit du sol (birthright) rules. This is something of a bugbear to rightwing politicians and there are regular attempts to toughen up the rules, but here is what the law says at the time of writing.

If the child and their parents are still living in France once the child hits 13, then the parents can apply for citizenship on their child’s behalf provided they are still resident in France and the child has been living in France on a regular basis since the age of eight – full details here.

People born in France can apply for citizenship in their own right once they reach the age of 18 provided; they were living in France at the age of 18 and lived in France for at least five years from the age of 11 and their parents were not diplomatic or consular staff – full details here.

People who fulfil these criteria can apply to become French from outside France, but will usually need to provide proof that they spent a significant part of their childhood in France (eg school records) and were still resident there once they turned 18.

For full details on how to apply for citizenship, check out our Ultimate guide to becoming French

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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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