France: The possibility that a person who was born in France in 1955 to Algerian parents living in France but who were not French citizens, who lived in France from birth until 1978, and who moved in 1978 to a non-European community country and became a citizen of that country even though he or she was an Algerian citizen would be considered a French citizen; how that person can acquire French citizenship

A representative of the Naturalization Office of the Paris Police Prefecture (Bureau des naturalisations de la Préfecture de police de Paris) indicated in 28 September 2006 correspondence that a person born in France in 1955 to Algerian parents living in France but who were not French citizens, who lived in France from the time of his or her birth until 1978, who moved to a non-European Union country in 1978, and who became a citizen of that country while he or she held Algerian citizenship is not considered a French citizen. The Representative of the Paris Police Prefecture also stated that the person must submit an application for reinstatement to the French consulate where he or she lives if he or she wants to acquire French citizenship. This information could not be corroborated among the sources consulted by the Research Directorate within the time constraints for this Response to Information Request.

However, according to Service-Public, a French government Web portal, any person who is born in France to foreign parents, who resides in France until he or she reaches the age of majority, and who has lived there [translation] "for a continuous or discontinuous period of at least five years since the age of 11" obtains [translation] "full rights as a French citizen upon reaching the age of majority" (France Aug. 2005).

As for losing French citizenship by acquiring the citizenship of another country, the above-mentioned Web site states that

[translation]

A person who voluntary acquires the citizenship of another country does not automatically lose his or her French citizenship;

The person concerned must submit a declaration of loss to the French consulate in his or her country of residence;

The loss of French citizenship takes effect on the date that a person acquires the nationality of another country. (ibid. Sept. 2005)

In order to submit a declaration of loss of French citizenship, the person must [translation] "have reached the age of majority, must voluntarily acquire the citizenship of another country [and] must usually reside abroad" (France Sept. 2005). Further, [translation] "applicants younger than 35 years of age [must] satisfy the requirements of the national service code" (ibid.). Service-Public also indicates that French citizens may renounce their citizenship (France Aug. 2005). To do so, an individual must prove that he or she has acquired another country's citizenship and must [translation] "make a declaration to a trial judge or to a French consulate abroad within 6 months preceding or 12 months following that person's reaching the age of majority (between age 17 and a half and age 19)" (ibid.).

With regard to reinstating French citizenship, the Web site of the Consulate General of France in Montreal indicates that

[translation]

Pursuant to article 24-2 of the Civil Code (law 98-170 of 16 March 1998, order 98-720 of 20 August 1998), persons who have lost their French citizenship by reason of marriage to a foreign national or by acquiring, of their own accord, a foreign citizenship may be reinstated by declaration.

However, such individuals must have maintained or acquired clear ties to France, particularly cultural, professional, economic or familial ties. (France 22 Apr. 2005)

According to the Web site of the Consulate General of France in Montreal, applications for reinstatement of French citizenship are sent to the French Ministry of Justice and must include the following documents:

[translation]

– Complete copy of the birth certificate

– Documents establishing that [the individual] was a French citizen

– Marriage certificate (or family record book)

– Public or private documents proving that [the individual has] kept or acquired clear ties to France (the ties may be cultural, professional, economic or familial)

– Certificate of Canadian citizenship

– Criminal record. (22 April 2005)

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 additional sources consulted in researching this Information Request.

References

France. 28 September 2006. Préfecture de police de Paris. Bureau des naturalisations. Correspondence from a representative.
_____. September 2005. Service-Public.fr. "Acquisition volontaire d'une autre nationalité, perte de la nationalité française." [Accessed 10 Oct. 2006]
_____. August 2005. Service-Public.fr. "Enfant né en France de parents étrangers." [Accessed 10 Oct. 2006]
_____. 22 April 2005. Consulate General of France in Montreal. "Réintégration dans la nationalité française." [Accessed 2 Oct. 2006]

Additional Sources Consulted

Oral sources: The Embassy of France in Canada did not respond to requests for information within the time constraints of this response.

Internet sites, including: French Ministry of Foreign Affairs, Legifrance.