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Confusion between citizenship and nationality : there is no citizenship for minors in France and naturalization is the acquisition of nationality, not citizenship Tags: Reverted Visual edit |
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'''French nationality law''' is historically based on the principles of ''[[jus soli]]'' (Latin for "right of soil") and ''[[jus sanguinis]]'',<ref>{{Cite web|url=https://www.service-public.fr/particuliers/vosdroits/F3068|title=Dans quels cas un enfant est-il Français ?|website=www.service-public.fr}}</ref> according to [[Ernest Renan]]'s definition, in opposition to the [[Germany|German]] definition of nationality, ''jus sanguinis'' (Latin for "right of blood"), formalised by [[Johann Gottlieb Fichte]].
The 1993 [[Pierre Méhaignerie|Méhaignerie]] Law, which was part of a broader immigration control agenda to restrict access to French nationality and increase the focus on ''jus sanguinis'' as the
Children born in France to tourists or other short-term visitors do not acquire French
==History==
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Amendments were by legislation in 1962 and by constitutions in 1946 and 1958, with the latter creating the status of "citoyen de la Communauté", vaguely akin to the British status of "[[Citizen of the United Kingdom and Colonies]]" established by the [[British Nationality Act 1948]].<ref name=Plender />
The 1993 law that attempted to restrict conferral of French
==Acquisition of
There are various ways a person can acquire French
* The [[:wikt:attribute|attribution]] of French nationality can be due to [[Paternity (law)|filiation]]. (''Jus sanguinis'')
* The attribution of French nationality can be given by birth in France (''Jus soli'') if other requirements (such as residence in France) are also met.
===French
Children born in France (including overseas territories) to at least one parent who was also born in France automatically acquire French
A child born in France to foreign parents may acquire French
* at birth, if stateless.
* at 18, if resident in France with at least 5 years' residence since age 11.
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A child who was born abroad and who has only one French parent can [[repudiate]] their French nationality during the six months prior to their reaching the age of majority, or in the year which follows it (article 19-4 of the Civil Code).
===French
The child (legitimate or natural) is French if at least one parent is French.
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When the child is born abroad from a French parent, it is essential for the French parent to record the birth of the child in the French civil register. In the event of litigation or to establish definitive proof of French nationality (or request a French passport) French nationality may be established by petitioning for a French nationality certificate from the Tribunal d'Instance (local court) of the person's place of residence, or if residing abroad, via the Paris Court (service of French nationality)<ref>{{Cite web|url=https://lannuaire.service-public.fr/gouvernement/administration-centrale-ou-ministere_168982|title=Tribunal judiciaire de Paris - Paris - 75 - Annuaire {{!}} service-public.fr|website=lannuaire.service-public.fr |language=fr|access-date=2022-09-12}}</ref> having jurisdiction over French persons residing abroad.
====French
Article 30-3 of the French Civil Code (previously numbered Article 95 of the French nationality code) is a "long-standing bone of contention" in French nationality law that can act as a practical limitation on the number of generations under which French
Under that provision, a person cannot prove his French
The 1993 legislation did insert a new Article 21-14 into the Civil Code, offering such first and second generation offspring of French emigrants the opportunity to "reclaim French
===French
A child (legitimate or natural) is French if born in France to at least one parent who (i) is a French
A child born in France before 1 January 1994 to a parent born in a former French overseas territory prior to its acquisition of independence, is automatically French. The same is true for a child born after 1 January 1963, to a parent born in Algeria before 3 July 1962.
==== Birth in France to foreign parents ====
If both parents are foreign and neither parent was born in France, simply being born in France does not confer French
There are cases in which a child born in France to foreign parents can acquire French
===== French
The foreign parents of a child aged between 13 and 16 can obtain French
* The child was born in France;
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* The child consents to the declaration being made (unless the child has a mental or physical disability that renders consent impossible).
===== French
A child aged between 16 and 18 and born to foreign parents can obtain French
* The child was born in France;
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The child does not require parental consent to make this declaration, unless they have a mental or physical disability that renders them unable to perform the procedure unilaterally.
===== French
A child born to foreign parents acquires French
* The child was born in France;
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The child born in France to foreign parents, may however decline French nationality.<ref>{{Cite web|url=https://www.service-public.fr/particuliers/vosdroits/F295|title=Nationalité française d'un enfant né en France de parents étrangers|website=www.service-public.fr}}</ref>
===French
[[Plenary adoption]] is the only act of filiation which carries direct effects on nationality. Unlike the process of [[simple adoption]], a child adopted according to the procedure of plenary adoption breaks any bond with his family of origin.<ref>[[Civil Code of France]], Article 343</ref>
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Filiation must be established while the child is a [[minor (law)|minor]] to take effect. Consequently, the recognition of a child older than the [[age of majority]] has no effect on his or her nationality.<!-- Missing reference -->
===French
====Eligibility resulting from residency====
A person aged 18 or above may apply for French
* The residence period may be completely waived for those who have served in the French military, for refugees, or in other exceptional cases.<ref name=autogenerated1>{{cite web|url=https://www.service-public.fr/particuliers/vosdroits/F2213|title=Naturalisation|website=service-public.fr}}</ref>
* The residence period can be reduced to two years for a person who has either (a) completed two years of [[higher education in France]], leading to a diploma, or (b) has provided or can provide important services to France due to his or her skills and talents, or (c) has completed an exceptional path of integration (activities or actions carried out in the civic, scientific, economic, cultural or sporting fields, etc.) .<ref name=autogenerated1 />
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Naturalization through residency is accorded by publication of a decree in the Journal Officiel by decision of the Home Ministry and the prefecture of the region where the applicant has submitted his/her application. There is an obligatory delay of 12 months from the date of submission before the applicant is notified of the result of his/her naturalization application.
====Eligibility resulting from marriage to a French
The spouse of a French national can apply for nationality, and must be able to prove that they have been married for five years and live together, (four years if the couple can prove continuous residence in France for three years since the wedding, or if when living abroad, the French spouse has been registered as a French
====Eligibility resulting from service in the Foreign Legion.====
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The French nationality is ranked number one as of 2018 in [[The Quality of Nationality Index]] (QNI). The ranking is considering internal factors such as peace & stability, economic strength, and human development and external factors such as travel freedom. France's comparative advantage lies in its greater settlement freedom (attributable mainly to the country's former colonial empire.<ref>{{cite web |url=https://www.forbes.com/sites/jennysouthan/2018/04/26/worlds-top-nationalities-revealed-france-is-number-one-us-ranks-27/#b6a6b847d46f |title= World's Top Nationalities Revealed: France Is No. 1, U.S. Ranks 27 |date= 2018-04-26 |website= www.forbes.com |access-date= 2018-07-30}}</ref>)
==
[[
Before 19 October 1945,
The 1945 French Nationality Code (ordonnance n° 45–2441) added a provision to indicate that for a maximum period of 5 years following the "legal cessation of hostilities", the permission for the loss of nationality must be sought from the French government if the person was male and under the age of 50.<ref>{{cite web |title=Ordonnance n° 45-2441 du 19 octobre 1945 portant code de la nationalité française – Légifrance |url=https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000000333980 |website=www.legifrance.gouv.fr |access-date=3 March 2021 |quote=Article. 9.— Jusqu'à une date qui sera fixée par décret, et au plus tard à l'expiration du délai de cinq ans suivant la date de la cessation légale des hostilités, l'acquisition d'une nationalité étrangère par un Français du sexe masculin, âgé de moins de 50 ans, ne lui fait perdre la nationalité française qu'avec l'autorisation du Gouvernement français.}}</ref> The transitional period was deemed to have ended on 1 June 1951.<ref name="cc" /> Also, the new code specified that a woman would lose her French nationality only when she declared that she did not want to remain French after marriage.<ref>Bertossi, 5.</ref>
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