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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?
French President Emmanuel Macron applauds as a woman receives her citizenship papers. (Photo by Michel Euler / POOL / AFP)

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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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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