With French citizenship by descent, there are two primary legal pathways to seek recognition of French nationality, and one of these pathways is judicial (declaratory action). Because of this aspect of French nationality law, court cases are often involved.
Further, France has more complicated citizenship laws, with requirements that have grown stricter in recent years, which can lead to application rejections and the applicants’ need for appeals.
In this guide, we break down the main reasons French citizenship by descent cases often involve the courts, the possibility of appeals, and some common questions citizenship seekers face.
Two Legal Pathways to French Citizenship by Descent
Unlike in other EU countries, ancestral citizenship is about proving to French authorities that you already possess French nationality (rather than trying to “acquire” it). Thus, applicants seek “recognition” of their nationality, which often involves the courts.
In France, there are two main ways to seek recognition of French nationality by ancestry – the judicial route of declaratory action and the administrative route of submitting a CNF application.
Certificate of French Nationality Pathway
The first method of seeking French nationality recognition is an administrative procedure in which applicants apply directly to French authorities to recognize their existing French nationality.
This is done with the Certificate of French Nationality (Certificat de Nationalité Française – CNF). It’s reviewed by French nationality services, who make a decision purely based on the evidentiary documents you submit.
Benefits of the Certificate of French Nationality Method
- Cost: More affordable than seeking recognition judicially.
- Appeals: Can appeal the decision within 6 months if you’re rejected.
- Efficiency: If your case for ancestral citizenship is fairly straightforward, this method could be useful.
Downsides to the Certificate of French Nationality Method
- Less Advocacy: Applicants don’t get the opportunity for oral argument or advocacy.
- More Rejections: The administrative decision is often rejection when any doubt is involved.
- Strictness: The application is fairly strict, standardized, and document-centric (even if your case is nuanced).
Declaration Pathway
As opposed to the CNF application method, which involves administrative review, declaratory action involves judicial review. This is where court cases come into the picture and become more common than most people expect for French citizenship seekers.
The process involves filing a lawsuit in the appropriate French court and asking a judge to declare that you possess French nationality. Applicants need legal representation (a French lawyer). And judges will evaluate your case, which is supplemented with evidence and legal arguments, resulting in a binding judgment.
Benefits of Declaratory Action
- Advocacy: Applicants get the chance to have supporting legal arguments and advocacy.
- Evidence: Different evidentiary standards are at play than with the administrative route.
Downsides of Declaratory Action
- Cost: Less affordable because of the necessary legal fees.
- Time: Legal processes can be lengthy.
Cases Are Often Nuanced
The administrative route often doesn’t suffice for applicants because even if you believe that your case for French citizenship by descent is nuanced, the administrative design is very standardized.
Therefore, applicants often must resort to the judicial method and file a lawsuit seeking French nationality recognition. Legal assistance is the solution to presenting a nuanced case, especially if you live abroad or aren’t familiar with France’s nationality laws.
Complexities in French Citizenship by Descent Cases
Some examples of complexities that may require a court case include:
- The applicant has a lost or disputed chain of ancestry.
- The applicant has insufficient or ambiguous documentation.
- The applicant struggles to obtain adoption paperwork (if applicable to their case).
The Appeals Process
Another reason that court cases are common when seeking French citizenship by descent is that it’s harder to prove continuous transmission of nationality, and thus, harder to receive a positive decision in your case.
The tendency in France is to reject French nationality declaration requests that show any signs of uncertainty. With more common rejections, appeals cases become more common.
You have to file appeals within 2 months of receiving the rejection decision, accompanied with supporting evidence as to why the decision should be overturned. You file an administrative appeal (hierarchical appeal) to the minister responsible for naturalizations.
Without legal assistance, appeals are difficult, and they lengthen the process of acquiring French citizenship by descent.
FAQs
Which court are appeals filed through?
Appeals are filed through the Administrative Court of Nantes.
How expensive is the process?
The cost will vary depending on how complex your case for French ancestral citizenship is. There are fees for translating and certifying foreign documents, and you will incur fees if you hire legal assistance.
Do I have to live in France to seek nationality recognition?
No, you can seek French citizenship by descent from abroad by contacting the French consulate or embassy in your jurisdiction.
Conclusion
Do you think you have a solid case for seeking recognition of French nationality based on your French origin? Our team of citizenship experts can help you determine your pathway to French citizenship by descent.
We recommend starting with our full service package; we can help you reconnect with your French heritage and start your journey toward EU citizenship and rights.