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French Citizenship by parentage

1.8K views 3 replies 3 participants last post by  MustBunnies  
#1 ·
Hi Everyone,

My husband's grandfather is French but did not transmit French citizenship to his children, hence grandchildren.

I have been researching on how he can obtain French citizenship on the basis of descent. There are several provisions in the French Civil Code we can use - basically the French nationality certificate option.

I was wondering however, how one proves that your french relative "in a constant way enjoyed the apparent status of French'' (art. 30-2).
The other thing I was wondering is if declined on the basis of Art. 30-3, then we will probably go with the reintegration option (Art. 21-14). Then a new question arises, how can we prove my husband kept have kept or acquired patent cultural and family bonds with France.

If someone of you has experience with this, I would sincerely appreciate your advise.

Thanks in advance,
Bunnies
 
#2 ·
I know we've had a couple of folks through the forum in recent years who have managed to claim French citizenship by descent. If any of them is lurking, please chime in here with your experience!

You may already have checked there, but Service Public does have some information about the Reintegration Process: Réintégration dans la nationalité française par décret - Service-public.fr and Réintégration dans la nationalité française par déclaration - Service-public.fr with links to offices and forms that may be of some help.
Cheers,
Bev
 
#3 · (Edited)
My parents are doing the same thing (my mom is not in the livret de famille) but it’s been very difficult, complicated and long (almost two years now). Unfortunately my grandmother died 10 years ago which makes this harder. My grandmother could have added my mom’s name to the livret de famille. However because my grandmother was French at the time of death and my mom is the child of my grandmother and can prove both. That opens the door for her to have the possibility to become duel. So she’s had to fill out paperwork, correct paperwork, translated document after document. Back and forth, back and forth and we hope that this latest submission is the final one to become ‘approved’. That all said…

Reading your post “My husband’s grandfather is French…” (is) is one to assume he is still alive? If so and willing, all that would be required is adding the children and children’s children to the ‘livret de famille’ – that would be simplest route. We had a notaire we consulted in the beginning that would always say “…if your grandmother was still alive, this would be easier”.

In short, the ‘livret de famille’ is your key to this. If his grandparents or parents are still alive and willing, this becomes easier to get. You would in short have to show that his mom was the child of his grandparents and then once they are recognized by France. Show that he is the child of his parents which are now French. (which I assume you know all know this)

Is this the document you are looking for regarding the French Civil Code?
http://www.legifrance.gouv.fr/content/download/1950/13681/version/3/file/Code_22.pdf

The other question to answer is how much time has passed?
Art. 23-6 (Act no 73-42 of 9 Jan. 1973) The loss of French nationality may be recorded by judgment where the party concerned, French by parentage, has not the apparent status thereof and never had his usual residence in France, if the ancestors from whom he held French nationality have not had themselves the apparent status of French or residence in France for half a century. The judgment shall determine the date when French nationality was lost. It may decide that that nationality was lost by the predecessors of the party concerned and that the latter never was French.

Since this is a fringe type of scenario - Have you considered consulting with a notaire? At least they would tell you current law and your chances. And of course they would say “for a small fee” they could help you. But at least you’d be informed of ‘current law’ – just a thought.

Of course the normal disclaimer: I‘m no lawyer or notaire, I know only from our experiences, what I’ve read and heard. I believe what I’ve posted is correct but as I find new information, I reserve the right to say 'I was wrong' and correct myself.

Jason

Ps. One thing I’ve learned from reading this forum, is that just because there is policy or law – some clerks in France may not know the law/policy and my decline or approve cause they can.
 
#4 ·
Thank you Bevdeforges and jrendon.

I should have said ''was'', because the grandfather passed away 16 years ago (which only makes things more complicated).

I have read through all the information on the public service's website and the given Civil Code link. We will probably consult with a french lawyer at some point, but I was hoping to avoid that step.

If anyone has some more experience to share, it will be sincerely appreciated.

Thanks,
Musty