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MOVING TO FRANCE

Moving to France: French values, integration classes and pension questions

Moving to France can be a daunting process. Fortunately, our newsletter is here to answer your questions - this week we look at the requirements for new arrivals to agree to respect 'French values', the situation for people with a French spouse and the pension situation for Brits.

Moving to France: French values, integration classes and pension questions
Newcomers in France may now be required to agree to respect the 'values of the French republic'. Photo by JOEL SAGET / AFP

Here at The Local we’re an Anglo-American team living in France – which means all of us have been through the simultaneously exciting and terrifying process of moving countries.

Our new newsletter is aimed at people who are in the process of moving, have recently moved and are still grappling with the paperwork or perhaps are just thinking about it – and we’ll share a monthly selection of practical tips. Our team is also available to answer questions from subscribers to The Local.

Integration classes

France passed a new immigration law in January which adds a language requirement for certain types of residency cards. This won’t immediately affect new arrivals, however, as it’s intended by people applying for long-term residency cards which usually happens after around five years of living here (although the exact time-frame varies depending on your personal circumstances – full details here).

But one aspect of the law that will affect new arrivals is the requirement to agree to ‘respect the values of the French republic’.

For some people this will simply be signing a form saying that you agree, for others it will involve taking ‘integration classes’ on France and its politics, history and culture. 

Explained: Who needs to do France’s new integration classes?

French values

For those who just need to sign the form it’s a fairly simple admin task – but what are you actually agreeing to?

‘The values of the French republic’ might sound like a fairly vague phrase, but in fact these values are carefully defined in the country’s constitution and have all sorts of practical daily application from state-funded healthcare to gender equality policies and what kids can wear in schools.

What are ‘French values’?

Having a French spouse

If you have a French partner or spouse then things get simpler in immigration terms (although contrary to what some believe, being married to a French person does not mean that you don’t require a visa or residency card, it just means a different and usually somewhat smoother immigration process).

You may also be entitled to apply for French citizenship through marriage – although even here there are conditions that need to be met and you will still need to get together a big file of documents in order to make your application.

Am I entitled to apply for French citizenship?

Once the application has been made the next step is simply waiting as citizenship is not a quick process. Which is why I fear that this columnist who claims she will ‘apply soon’ in order to get a French passport by October may be a little, er, optimistic . . .

How long does it take to get French citizenship?

If you’re not married but have been pacsé (entered into a civil partnership) in France, then the rules are somewhat different. 

Ask the expert: Immigration laws for pacsé couples

Pension questions

And a significant portion of the people planning a move to France are Brits who intend to retire here – and there are many reasons why this is a great idea which many people do successfully.

However, before you plan the move you need to think carefully about your pension arrangements. Dull, certainly, but vital in order to ensure that you have enough money to keep you in pain au chocolat once you get here.

We asked a financial adviser to outline the six key questions that everyone should ask themselves before moving.

Questions

The Local’s Reader Questions section covers questions our members have asked us and is a treasure trove of useful info on all kinds of practical matters. If you can’t find the answer you’re looking for, head here to leave us your questions.

Bon courage !

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For members

READER QUESTIONS

Does it help with moving to France to be married to a French person?

If you’re a citizen of a country outside the European Union, moving to France to live is administratively much more difficult – but are there any advantages to being married to someone who is French?

Does it help with moving to France to be married to a French person?

You’ve met, fallen in love with and married a French citizen. Congratulations. 

Unfortunately, that doesn’t give you an automatic right to French citizenship, or even – necessarily – the right to live in France. You will still have some bureaucratic hoops to jump through, even though the process is a little bit less complicated.

You’ll also benefit from having a native French speaker on hand to translate the various forms for you – although unless your Frenchie is actually a lawyer, don’t assume that they are knowledgeable about French immigration law, most people know very little about the immigration processes of their own country (because, obviously, they never have to interact with them). 

Visa

If you were living in France when you did the marriage deed, you’ll have already done the visa thing, anyway. But if you married outside France, and have never lived in France, there are still things to do, including – and most pressingly – getting a visa.

The thing is, being married to a French person isn’t quite the live-in-France carte blanche that some people may think – you still need to go through the visa process and gather documents including your marriage certificate and proof of your spouse’s French nationality.

The main benefit is that anyone who is married to a French citizen can apply for a family visa (sometimes known as a spouse visa). This allows you to come to France without a job and it gives you the right to work.

Residency card

Once you have legally moved to France you can apply for a carte de séjour vie privée et familiale

Once your visa (which normally lasts for one year) is nearing expiration, you can apply for the multi-year private and family life residence permit.

You must meet the following conditions  :

  • You must share a common address with your spouse – except in particular circumstances (the government website mentions death of your spouse, or in cases of domestic violence);
  • Your spouse must be French on the day of the wedding and must have retained French nationality;
  • You cannot be married to more than one person;
  • If your marriage was celebrated abroad, then it must be transcribed in the civil status registers of the French consulate so that it is recognised in France.

In either case, you must apply for this document, no earlier than four months and no later than two months before the expiry date of your existing residence document (visa, VLS-TS or permit).

The usual list of reasons for refusal apply: if you have failed to comply with an obligation to leave the country (OQTF); if you have committed forgery and use of false documents; if you have committed a serious criminal offence; if you have committed acts of violence against elected officers, or public officials.

Additional information is available, in French, here

The situation is a little different for people who initially entered France without a long-stay visa. Usually, this applies to those from countries who do not benefit from the 90-day rule and are required to get a short-stay visa to enter France. If this is your situation, then when applying for your carte de séjour you will need to prove;

  • You are not living in a state of polygamy;
  • You are married to a French national with whom you have lived together for 6 months in France.

In this instance the first carte de séjour vie privée et familiale will be issued for a year.

Citizenship

Citizenship by marriage is a ‘right’ in the same way that children born in France to foreign parents have a right to be a citizen through the ‘droit du sol’. Yes, it exists – but there are rules, and it’s not automatic.

Applying for citizenship via marriage involves applying for something known as citizenship par Déclaration. This is, arguably, the more simple of the processes available to adults.

It works to the theory that citizenship via marriage is ‘a right’. That, however, doesn’t mean that citizenship will be handed out automatically – there are a number of conditions that you must fulfil, including having a reasonable level of French, and if you either don’t fit the criteria – or, more accurately, do not provide sufficient proof that you do fit the criteria you can and will be rejected.

READ ALSO Are you entitled to French citizenship if you are married to a French person?

If your spouse divorces you, or dies while you are still going through the process then your application may be no longer valid. Equally, if you get divorced within a year of getting French citizenship it’s also possible (although rare) for your citizenship to be annulled.

Divorce

Yes, we’re spoilsports but people who get married do sometimes get divorced and if you are in France on a visa or residency card that is linked to your marital status then getting divorced can affect your right to stay.

This doesn’t mean you will automatically be kicked out of the country if you split up. In most cases it’s simply a question of applying for a new residency permit in your own right – whether you are working, studying or retired.

If you have minor children in France then you have the right to stay even if you don’t meet the criteria for any other type of residency permit.

You can find full information on how to change your status in case of divorce HERE.

What about children?

Any child born to a French citizen has the right to claim nationality, whether or not they were born in France. So, whether you’re French or not has no bearing on that particular situation.

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