The acquisition of French nationality by naturalization is subject to a certain number of conditions NaturalizationFrench is the discretionary granting of French nationality by the French state to a foreigner who asks for it
The Naturalization procedure includes two phases:
- The phase ofadmissibility of the request, the conditions of which are specified in an objective manner by the legislator, and which is astage OBLIGATORY ,necessary but nosufficient to acquire theNationality.
- The government decision phase: it is at this stage that the sovereign power of the State comes into play to grant or not grant nationality
1. The admissibility of the request to obtain French nationality by naturalization
The competent authority to receive and examine the naturalization application is the prefect.
This is the prefect of the department where the person concerned has established his effective residence;
The prefect is also the authority which can make one of the following decisions concerning the naturalization application:
- pronounce the inadmissibility of the application for French nationality bynaturalization
- Reject the request even if it is admissible;
- Pronounce the postponement of the application for French nationality by naturalization
If the prefectconsidered that the request is admissible and that my naturalization or reinstatement should be granted, he transmits the file accompanied by his proposal within six months following the issuance of the receipt to the Minister responsible for Naturalizations.
If the request was submitted to the consular authority, the deadline is the same, the transmission of the file to the minister responsible naturalizations being done through the Minister of Foreign Affairs
2- The government's decision
Despite the favorable opinion of the prefect, the prefect of police or the consular services, the Minister responsible for naturalizations may also carry out any additional investigation that he deems useful, relating to the conduct and loyalty of the person concerned.
The Minister responsible for naturalizations may also declare that the application for French nationality by naturalization is:
– Either inadmissible
– Either must be rejected
– Either must be postponed
Remedies are then open to the interested party.
Our law firm also assists foreigners who have requested the granting of French nationality by naturalization and who have seen their requests declared inadmissible, either rejected or adjourned to file an appeal.
If the Minister responsible for naturalizations finds that the legal conditions are met then he will propose, depending on the case, naturalization or reintegration into French nationality.
The decree establishing the granting of French nationality by naturalization is taken by the Prime Minister, on the report and with the countersignature of the minister responsible for naturalizations.
The administration has a broad discretion in granting French nationality; however, any candidate for naturalization who is refused is entitled to exercise his or her right of appeal and request the cancellation of the request. decision of the administration with the assistance of a lawyer competent in naturalization matters.
To take stock of your situation, contact us by email or by telephone for an initial consultation at 07.80.91.71.06.