France: The requirements and procedure for a person who is not a citizen of a country in the European Union (EU) and whose spouse and child are French citizens to renew their resident card, including processing times; the requirements and procedure for such a person to obtain French nationality, including processing times

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Renewal of the Resident Card Valid for 10 Years

According to the official website of the French government, Service-Public.fr, the holder of a resident card valid for 10 years must apply for a renewal [translation] "in the two months prior to its date of expiration" (France 23 July 2015). However a 10year resident card is considered invalid when the holder has been absent from France for more than three consecutive years in the 10-year period (ibid.). In a telephone interview with the Research Directorate, a lawyer who specializes in foreign nationals' residence rights in France and who is a founding member of the Solidarity Group for Migrant Workers (Groupement solidarité des travailleurs migrants, GSTM), a French association that assists migrants in their dealings with the French government (GSTM 14 Dec. 2002), corroborated this information (ibid. 16 Sept. 2015). According to Service-Public.fr, the holder of an expired card cannot apply for a renewal (France 23 July 2015).

1.1 Procedure

According to sources, renewal applications are submitted to the prefecture (GSTM 16 Sept. 2015; France 23 July 2015). Service-Public.fr indicates that, in some departments, applications can be submitted to a subprefecture (ibid.). The GSTM lawyer stated that an appointment must be made first (GSTM 16 Sept. 2015). Service-Public.fr notes that it is possible, in some prefectures, to make an appointment online (France 23 July 2015). Both sources added that, in some departments, the application can be submitted by mail (ibid.; GSTM 16 Sept. 2015).

The renewal application must include the following items: proof of residence, three identity photographs and the holder's sworn statement indicating that they have not resided outside France for a period of more than three consecutive years (ibid.; France 23 July 2015). The GSTM lawyer added that the holder must present a document indicating their civil status (GSTM 16 Sept. 2015). Service-Public.fr however stated that the holder must present their passport and current resident card (France 23 July 2015).

The fees for renewing a resident card are 260 euros [about C$388] (ibid.; GSTM 16 Sept. 2015). Though it does not provide further details, Service-Public.fr indicates that a renewal application can be submitted [translation] "after the deadline," but that "a regularization visa fee of 180 euros [about C$269] must be paid (except in cases of force majeure or upon presentation of a visa)" (France 23 July 2015).

Both sources indicated that the new card is issued to the holder in person at the prefecture or subprefecture (ibid.; GSTM 16 Sept. 2015).

1.2 Revocation of a Resident Card and Refusal to Renew

According to Service-Public.fr, the French government can revoke a valid resident card if, among other things, the holder

•has employed a foreign national without a work permit;

•has been convicted of certain criminal offences;

•has been the subject of a deportation order (France 12 Nov. 2014).

The foreign national whose renewal application is refused receives a letter of refusal of residence outlining the reasons for the decision (ibid.). The person must then leave France, [translation] "unless exceptions apply" (ibid.). The same website page adds the following clarification regarding refusals to renew: [translation] "if you do not receive a response from the prefect within four months, your application for a resident card has also been refused. This is a constructive refusal" (ibid.). Additional information on the processing times for the renewal of a resident card valid for 10 years could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.3 Remedies for a Refusal to Renew

According to sources, if a holder is refused a renewal of their resident card, they can appeal to the prefect or to the Minister of the Interior (GSTM 16 Sept. 2015; France 12 Nov. 2014), or to both simultaneously (ibid.). According to Service-Public.fr, the holder can also appeal to the administrative tribunal, which suspends the obligation to leave France (obligation de quitter le territoire français, OQTF) until the judge has rendered a decision (ibid.). The OQTF is a removal order that [translation] "requires [a nonEuropean foreign national] to leave France by [their] own means within 30 days or, in more limited situations, without delay" (ibid. 7 Nov. 2013). The same source states that a non-European foreign national is [translation] "protected against such an order in nine situations," including if they are the parent of a minor French child residing in France, as long as they are not a polygamist and they "have contributed toward [the child's] upbringing and education" since the child's birth or for at least two years (ibid.).

2. Obtaining French Nationality

France's Civil Code (Code civil) provides for the possibility of obtaining French nationality by decree (France 1803, Art. 21-15).

2.1 Eligibility Requirements

French nationality can be granted to a foreign national who is able to establish [translation] "a habitual residence in France for the five years preceding the filing of the application" (France 1803, Art. 21-17). The Civil Code also sets out the following conditions:

•The foreign national [translation] "whose residence in France is illegal under the laws and conventions regarding the residence of foreign nationals in France" cannot acquire French nationality (ibid., Art. 21-27);

•[Translation] "No person may be naturalized if they do not have a place of residence in France at the time when the naturalization degree is signed" (ibid., Art. 21-16);

•The person applying for French nationality must be at least 18 years of age, but [translation] "naturalization may be granted to a minor child who remained abroad although one parent acquired French nationality, if that child proves they resided in France with the parent during the five years preceding the filing of the application" (ibid., Art. 21-22);

•The person applying for French nationality by decree must also establish that they have assimilated into French society by learning the language, history and culture of France and by adhering to [translation] "the fundamental principles and values of the Republic" (ibid., Art. 21-24);

•The person applying for French nationality must not have been [translation] "convicted of any crime or offence constituting a violation of the nation's fundamental interests or any act of terrorism," or "sentenced to a term of imprisonment equal to or exceeding six months, regardless of the offence in question, not accompanied by a stay order" (ibid., Art. 21-27).

The residence requirement may be reduced to two years, such as for persons who have completed two years of postsecondary education at a school or university in France (ibid., Art. 21-18).

The residence requirement does not apply to the following cases, among others:

•[translation] "a person belonging to the French cultural and linguistic entity, who is a national of a territory or country where French is the official language or one of the official languages, and whose mother tongue is French or who can establish a minimum of five years' attendance at a French language school" (ibid., Art. 21-20);

•a person [translation] "who has successfully completed military service with a unit of the French army or who, in times of war, voluntarily enlisted in the French or allied armed forces" (ibid., Art. 21-19).

2.2 Procedure for Filing an Application

A person wanting to acquire French nationality by decree must submit their application file to the prefecture of their place of residence (ibid. 16 May 2014). The file must include, among others, a criminal record check from the countries where the applicant resided as an adult for more than six months, civil status documents (including those of family members), and documents relating to their professional and fiscal situation (ibid. Apr. 2009). If a document cannot be provided, its absence must be justified in writing (ibid. 17 Apr. 2015). An explanatory note of the documents required published by the Police Prefecture is attached to this Response (attachment 1).

After the prefect has reviewed the application, if it is deemed inadmissible, the person applying for naturalization is sent the reasoned decision (ibid. 8 Jan. 2014). If it is deemed admissible, the file is sent to the minister responsible for naturalizations for a second decision (ibid. n.d.).

An information notice for persons applying for naturalization or reinstatement of French nationality published by the Ministry of the Interior is attached to this Response (attachment 2).

2.3 Fees and Processing Times

The administrative fees associated with filing an application for French nationality are 55 euros [about C$82] (ibid. 17 Apr. 2015).

According to the information available on Service-Public.fr, the French nationality application file is sent to the ministry responsible for naturalizations within six months of the date of issue of the receipt (ibid. 8 Jan. 2014). It can take up to 18 months (from the date of issue of the receipt) for a final decision to be rendered, but this time is reduced to 12 months if the applicant establishes that they have habitually resided in France for at least 10 years (ibid.). However the processing time can be extended once by three months with a reasoned decision from the French government (ibid.).

An application for French nationality can result in four types of reasoned decisions from the French government: an inadmissibility decision, an adjournment decision, a decision dismissing the application, and a decision allowing the application (ibid.). The first three decisions can be appealed within two months following the notification of the decision by the French government (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

France. 23 July 2015. Direction de l'information légale et administrative (DILA). "Renouvellement de la carte de résident ou 'résident de longue durée - UE'." [Accessed 16 Sept. 2015]

France. 17 April 2015. Direction de l'information légale et administrative (DILA). "Naturalisation : dépôt de la demande." [Accessed 17 Sept. 2015]

France. 12 November 2014. Direction de l'information légale et administrative (DILA). "Refus de délivrance et retrait de la carte de résident." [Accessed 16 Sept. 2015]

France. 16 May 2014. Préfecture de police. "Une question sur la naturalisation par décret." [Accessed 22 Sept. 2015]

France. 8 January 2014. Direction de l'information légale et administrative (DILA). "Naturalisation : décision de l'administration." [Accessed 18 Sept. 2015]

France. 7 November 2013. Direction de l'information légale et administrative (DILA). "Décision d'obligation de quitter la France." [Accessed 16 Sept. 2015]

France. April 2009. Préfecture de police. Notice explicative de la liste des pièces à fournir pour une demande d'acquisition de la nationalité française. [Accessed 22 Sept. 2015]

France. 1803 (amended in 2015). Code civil. [Accessed 15 Sept. 2015]

France. N.d. Ministère de l'Intérieur. "Vous souhaitez demander la nationalité française. Vous n'êtes pas marié(e) à un(e) Français(e)." [Accessed 15 Sept. 2015]

Groupement solidarité des travailleurs migrants (GSTM). 16 September 2015. Telephone interview with a lawyer who is a founding member of the GSTM and who specializes in residence rights of foreign nationals in France.

Groupement solidarité des travailleurs migrants (GSTM). 14 December 2002. "Statuts." [Accessed 18 Sept. 2015]

Additional Sources Consulted

Oral sources: Association des travailleurs maghrébins en France; Association nationale d'assistance aux frontières pour les étrangers; Association service social familial migrants; La Cimade; Comité contre la double peine de Lyon; Fédération des associations de soutien aux travailleurs immigrés.

Internet sites, including: La Cimade; France diplomatie; Groupe d'information et de soutien des immigrés; Legavox; Le Monde; Musée de l'histoire de l'immigration; SOS net étrangers en France.

Attachments

1. France. April 2009. Préfecture de police. Notice explicative de la liste des pièces à fournir pour une demande d'acquisition de la nationalité française. [Accessed 22 Sept. 2015]

2. France. 3 April 2015. Ministère de l'Intérieur. "Notice d'information pour les candidats à la naturalisation ou à la réintégration dans la nationalité française." [Accessed 16 Sept. 2015]