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RESIDENCY PERMITS

French language tests for residency cards: What the new law says

After a lot of political drama, France's new immigration law has been passed - including a section on compulsory French language tests for certain carte de séjour residency cards. Here's what the new law says.

French language tests for residency cards: What the new law says
Photo by Ben Mullins on Unsplash

NOTE: This is an old article. The immigration law passed in January 2024, you can find an updated version of language test requirements here.

It’s been creating political chaos for months, but on Tuesday night a heavily revised version of the immigration bill was passed by the French parliament.

You can find a full breakdown of what is in it HERE, but one section that will be of particular interest for foreigners in France is the idea of having to pass a language test to get certain types of long-term carte de séjour residency card.

At present people with a low level of French can be ordered to attend classes by the OFII (Office of immigration and integration), but there is no requirement to pass an exam in order to get a residency card – only French citizenship requires a language exam. 

Introducing the idea back in 2022, Interior Minister Gérald Darmanin said: “Today, a quarter of foreigners who have residence permits understand and speak French extremely badly.”

Who?

This affects non-EU citizens. Those who have the passport of an EU country, including dual nationals, are not covered since they do not require a carte de séjour.

The test is also only for long-term cards – the carte de séjour pluriannuelle or the carte de résident.

It does not cover Brits in France who are covered by the Brexit Withdrawal Agreement since they already have long-term cards.

It does not cover new arrivals, since the test would be required only for long-term residency cards – it does not affect people on the one-year cartes de séjour, but only people who are moving onto multi-year cards, which usually happens after several years of residency.

It would not affect people who already have a long-term residency card.

It also does not affect visa applications, and does not change the requirements for French citizenship, which already has a language test as part of the application process.

What level?

This is of course the million-euro question – how hard is the test likely to be?

The bill specifies that people applying for the long-term cards must at a minimum “understand expressions frequently used in everyday language, communicate during routine tasks and talk about subjects that correspond to immediate needs”.

It does not specify a language exam level as defined on the international DELF scale, but the requirements outlined above sound similar to those required for the A1 level.

At present A1 level is required for the carte de séjour pluriannuelle – although candidates do not have to take a formal exam – the Interior Ministry previously told The Local that the language level required was not expected to change.

The language level A1 in the international DELF scale is defined as: “The most basic level at which a language is used, called the “discovery” stage. At this stage, the learner can interact in a simple way: he/she can speak about him/herself and his/her immediate environment.”

TEST Could you pass the language level for residency?

For anyone applying for the long-term EU card – résident de longue durée-UE – a higher language level is specified. For this, candidates must be able to “understand sufficiently clear-cut conversations, to produce simple, coherent discourse on familiar matters and to put forward an idea succinctly”.

Qualification type

At this stage we don’t know what type of qualifications would be accepted and whether you would have to take a specific exam or can use qualifications already obtained. 

When it comes to citizenship, you need to have passed writing, reading, listening and oral sections of the exam – and for citizenship the higher level of B1 is required – and the certificates you present cannot be more than two years old.

There are exemptions for anyone who has a degree or equivalent from a French university, but an exemption previously in place for over 60s was scrapped in 2020.

READ ALSO How to find affordable language classes in France

When?

The Immigration bill was passed by MPs in the Assemblée nationale on Tuesday night, but there are still several stages of parliamentary process to go through – including being approved by the Conseil constututional.

If it passes all those stages, it is then up to the government to decide when the law will come into effect – probably in 2024. 

Member comments

  1. I recently went through the OFII process, and part of the integration process was a French language test. I have the VLS-TS visa, and was advised that the minimum level is A2. OFII also offered 100h of free French lessons for those testing A2 and B1.

  2. A1/2 is a far cry from a British A level! It is elementary….please don’t put fear into people! That would be around C1! C2 is the highest.

  3. My poor parents have been living in France where they bought a house in 1999, not socialising much over the past years because people in their mid 80s advised not to during the pandemic.

  4. Vous allez voir que je trouve l’ecriture beaucoup plus difficile que les autres sujets. Avec le masculin, la feminine , l’accordance , les verbs irreguliers , les faux amis et beaucoup plus il sera difficile de reussir. J’ai oublie tous les tenses pluparfait, imparfait, passe simple
    Passe parfait. Les tenses on peut parler, les tenses on ne peut parler mais seulement ecrire . En plus , il y a les accents aigues et graves, circonflex Quel vrai horreur !! Ai-je reussi ? Alexandra x

  5. This language requirement seems less about ensuring foreigners have a basic understanding of French, and more about targeting non-EU citizens. A German who speaks no French could stay multiple years, but an Australian would have to use resources to prove competency.

    In this day of translation tools and professional hand-holders, having a basic grasp of the language isn’t so vital that it needs be an official requirement. This proposal adds time to an already-clogged visa renewal system.

  6. On the validity of DELF-DALF certificates, my understanding is that the qualification is without time limit in the eyes of the French state, just like a university degree or BAC certificate would be. There is another type of language qualification however which only has a two year validity. Are you perhaps confusing one with the other, or does an applicant really have to resit the DELF-DALF after two years to qualify for citizenship? It’s the first I’ve heard of it if so.

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AMERICANS IN FRANCE

Americans in France: Will my tax situation change if I get French citizenship?

If you're thinking of applying for French citizenship, then you might be curious whether there will be any tax ramifications to becoming a dual national.

Americans in France: Will my tax situation change if I get French citizenship?

Gaining French citizenship can have plenty of benefits for Americans living in France, from the right to vote in French elections to freedom of movement in the EU – as well as a more intangible sense of belonging in the country you now call home. 

However, Americans living abroad always have to contend with the United States’ system of citizenship-based taxation, which requires US nationals to report their global income to the IRS yearly, however long they have been out of the country.

This may result in making two tax declarations every year if they move to a country – like France – which requires yearly declarations from all residents.

As a result, Americans have to think about possible tax consequences before making decisions to move, invest, or perhaps take on a second nationality.

To help answer the question of whether there are special tax ramifications for French-American dual nationals living in France, The Local spoke with tax expert Jonathan Hadida from HadTax.

Hadida said: “There is really no impact. You still have yearly reporting requirements to both countries, and from the French side you will still continue to give you the benefits of the tax treaty”.

Key items, such as your US-based pension, would continue to be taxed in the US and not France regardless of whether or not you take on French nationality too.

READ MORE: Ask the expert: What Americans in France need to know about 401(k) and other pensions

Unfortunately, many of the limitations Americans in France experience would also remain in place. French investment options, such as the Assurance Vie, would still unwise for dual nationals, as the IRS sees them as PFICs (Passive Foreign Investment Company).

While the Assurance Vie is a great tool for being tax efficient for non-Americans, and can offer alternatives to the regimented, traditional French inheritance process, for Americans living in France (including those with dual nationality) it can lead to lengthy and complicated dealings with the IRS. 

“To the US tax authorities, you are still American first, second, third and fourth place. They don’t really care that you are also French,” Hadida said.

“The only real change to your tax situation would be giving up your American citizenship, but keeping your US citizenship in addition to French citizenship does not really change anything.”

What happens tax-wise if I renounce my American citizenship?

Renouncing US citizenship is not as simple as scheduling an appointment at a US embassy or consulate, paying the applicable fee, and declaring that one does not want to be American.

There are several factors to consider, and depending on your situation, in the long-run it might be more advantageous to hold onto your US citizenship to continue benefiting from certain parts of the US-France dual taxation treaty (PDF).

For others, keeping US citizenship might be onerous with its yearly reporting requirements, as well as the difficulty it can pose with putting money into French investment vehicles due to citizenship-based taxation and FATCA (US legislation that passed in 2010 to track money laundering). 

While renouncing your American citizenship undoubtedly pushes you further out of the reach of the IRS, you should consider that you might owe an exit tax, if you are deemed a ‘covered expatriate’. Usually, this is only required of high-net worth individuals (worth more than $2 million).

According to the US expat tax site 1040 Abroad, this also includes people who failed to comply with tax obligations in the five years preceding their renouncement, as well as people who had “an average annual net income tax liability exceeding a specified threshold” (as of 2022, this number was set to $178,000).

People renouncing US citizenship can also be subject to a special inheritance tax on gifts made to US citizens or residents, following their renunciation. 

READ MORE: How to renounce American citizenship in France – and why you might want to

You should also think about your US-based investments.

“You would no longer benefit from the tax treaty in the same way if you give up your US citizenship. For example, Article 24 of the treaty covers investment income, making it taxable in the US and giving you a deemed credit in France.

You would lose this benefit if you renounce, and this could make a big difference if the taxation level is lower in the US, as it often is with dividends or capital gains.

“Your IRA and pension plans will continue to be taxed in the US because this is based on where the pension is earned, not nationality, but you might have to start filing a non-resident tax return to the US after renouncing citizenship,” Hadida said.

The tax expert said that renouncing citizenship should be decided on a case by case basis.

“Every situation is different, and for some people it might not make sense to give up certain benefits from the US-France tax treaty. You should speak with a financial advisor before deciding”, he said.

READ MORE: Divorce, stress and fines: How citizenship-based taxation affects Americans in France

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