French Nationality by Descent - the complexities of requesting a French nationality certificate (certificat de nationalité française)

The CNF (French Nationality Certificate) procedure defined by the article 31 to  31-3 of the French civil code, differs from naturalization by decree or nationality by declaration (such as through marriage to a French spouse). This procedure does not grant French nationality, but instead serves to prove that one already holds French nationality, either by birth or by a court decision. This certificate may be required when applying for a French national identity card or passport for the first time, or in order to register for a public service exam.

In most cases, the CNF is required for individuals born abroad to a French parent and who lived abroad until reaching legal adulthood. This is a case of nationality by descent. However, a significant obstacle is posed by Article 30-3 of the French Civil Code: if the French parent lived abroad for 50 years without evidence of possessing French nationality (such as a passport, national ID card, or expired and valid voter cards), then the CNF based on descent cannot be granted. The court would then acknowledge a loss of nationality under Article 23-6 of the Civil Code.

Indeed, this article 30-3 is the most common grounds for denial by the Tribunal Judiciaire.

Article 30-3 of the French Civil Code deals with the loss of the capacity to pass on French nationality. If a person was born abroad and one of their ascendants (parent or grandparent) has resided outside of France for at least 50 years and has not maintained possession d'état de français (proof of being considered as a French national), then that person may lose the right to acquire or pass on French nationality.

In other words, if an individual's parent or grandparent has lived outside of France for more than 50 years without retaining evidence of their French nationality, their descendants born abroad may not have the right to claim French nationality through that ascendant.

Therefore, for any CNF application based on descent, it is necessary to gather all evidence proving the possession of French nationality by your French ancestors, through whom you claim French nationality. This requirement is especially important if your situation falls under Article 30-3 of the Civil Code.

If the ancestor through whom you claim French nationality acquired it through a court decision (naturalization or declaration), you will also need to locate and provide the court with the official document of nationality acquisition. A simple mention of nationality acquisition on a birth certificate will likely not be sufficient for the court to grant the CNF. Furthermore, this ancestor may even be subject to investigation by the public prosecutor and risk losing their French nationality.

Thus, before starting the CNF procedure, it is strongly recommended to take stock of all available evidence of nationality and any possible court decisions related to the acquisition of French nationality by your ancestors. This preparation will allow an immigration lawyer to advise you more effectively based on your situation and goals.

The process of obtaining a CNF from the Tribunal Judiciaire of Paris may take up to two to three years, sometimes considerably shorter depending upon the complexity of the case. The Tribunal Judiciaire of Paris grants a non-juridicial review in first instance. In the event of refusal, the case must be brought in civil court, so every effort should be made to address any objections to the CNF petition before it is filed.

Our office performs a preliminary review of these cases on a free-of-charge basis to ensure that these issues of "possession d'état de français" are resolved before going through the fastidious process of preparing the petitions.