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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?

Bride and groom figurines
Bride and groom figurines. (Photo by DAMIEN MEYER / AFP)

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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For members

AMERICANS IN FRANCE

Is there really a 1949 treaty that allows Americans an extra three months in France?

You might have heard rumours about an old but never-repealed treaty between France and the USA that allows Americans an extra three-month stay in France without requiring a visa. But is it still valid?

Is there really a 1949 treaty that allows Americans an extra three months in France?

It sounds almost too good to be true – an obscure treaty that would potentially allow Americans to stay up to six months in Europe without needing a visa . . .

The agreement exists, it was one of several bilateral travel agreements that France made in 1949.

It states: “From April 1st 1949, citizens of the US can enter the following countries on the simple presentation of a valid passport, without a visa, and stay between one day and three months; France, Andorra, Algeria, Morocco, Gaudeloupe, Martinique, French Guiana and Réunion (or Tunisia for two months).”

First things first, we would strongly advise against turning up at the border of Algeria, Tunisia or Morocco and claiming your right to free entry based on an agreement that France made for them back in the days when they were colonised. Awkward.

The Caribbean islands of Guadeloupe and Martinique, the Indian ocean island of La Réunion and the South-American territory of French Guiana remain French. For administrative purposes they are part of France, but they are not part of the Schengen zone so have slightly different travel rules. Andorra is different again.

Schengen rules

These days France is part of the EU’s Schengen zone and that has its own rules for travel.

Americans are one of several nationalities covered by the ’90-day rule’ – this allows for stays of up to 90 days in every 180 in the Schengen zone, without the requirement for a visa. In total over a year you can spend 180 days visa free, but they cannot be consecutive – within any 180-day period you must not stay for more than 90 days.

READ ALSO How does the 90-day rule work?

The 90-day limit covers time spent in any of the Schengen zone countries – so for example if you are travelling around France, Italy, Spain and Austria you get 90 days total, not 90 days in each country.

The 1949 agreement allows three months visa-free in France, while the Schengen zone agreement allows 90-days visa free in France – basically the same amount.

However where the 1949 agreement could potentially be an advantage is for Americans who want to travel around Europe for several months – essentially giving them three months in France plus 90 days in the rest of the Schengen zone countries, allowing for a six-month visa-free stay in Europe.

Neither rule allows for more than 90 days in France without getting a visa – if you want to stay longer than that in France, you will need a visa (unless you have dual nationality with an EU country).

Schengen rules versus pre-existing bilateral agreements

But is the 1949 agreement still valid? It’s true that the agreement was never specifically cancelled, but since then something big has happened – the creation of the Schengen free travel area which came into force in 1990.

The Schengen agreement creates a free travel zone (expanded several times since 1990 and now encompassing 29 countries and about 420 million people).

Countries that are part of the Schengen area;

  • do not carry out checks at their internal borders, except in cases of specific threats
  • carry out harmonised controls at their external borders, based on clearly defined criteria

The rules are covered by the Schengen Borders Code, which involves countries adopting a common visas policy – in brief this means that countries are free to set their own visa policy (eg types of visa offered, visa costs/duration) but must agree on who needs a visa and who does not.

The European Council explains: “An EU common visa policy is necessary for the effective functioning of the border-free Schengen area as it facilitates the entry of visitors into the EU, while strengthening internal security.

“The EU has established a visa policy for: intended short stays in or transit through the territory of a Schengen state; transit through the international transit areas of airports of the Schengen states; short stays are stays of no more than 90 days within any 180-day period.”

So the EU is clear that it operates a common visas policy – limiting visa-free stays to no more than 90 days in every 180.

French policy 

Part of the confusion over this historic agreement seems to be that over the years several French consulates have provided contradictory or confusing advice suggesting that the 1949 agreement is still in force.

You may be lucky and find a border guard who agrees with their interpretation – but if you find someone who interprets the Schengen rules as superseding the 1949 treaty, they will be able to provide a lot of more up-to-date and clearer statements of the rules specifying that non-EU citizens such as Americans are limited to 90 days in every 180 within the Schengen zone.

If you lose your argument at the border, you are liable to end up with an ‘over-stayer’ stamp in your passport which may make it difficult for you to re-enter any EU country, or to get a visa for any EU country.

Is it really worth taking that risk?

EES

Starting later in 2024 – probably October although it could be delayed again – is the EU’s new Entry & Exit System.

You can find a full explanation of it here, but it basically automates the counting of the 90-day allowance – passports will be scanned on entry and exit of the Schengen zone and dates automatically tallied.

There are exemptions for people who have residency permits or visas, but there is no provision built into the system to show old treaties at the border.

French citizens

The 1949 agreement is a bilateral one, so it also includes a provision for French people wanting to go the USA.

It states: “French citizens wishing to travel to the United States for stays not exceeding three consecutive months may, if they wish, receive free visas valid for two years and for an unlimited number of trips during that period.”

Sadly, this is no longer valid either – the US does not allow visa-free travel and French citizens wishing to go even for a short holiday will need to complete the ESTA visa-waiver online before travelling. Anyone who has failed to complete this form (which is not free) will be denied boarding by their airline.

Once completed, the ESTA visa waiver covers multiple trips for two years (unless your passport is renewed in that time, in which case you have to do it again).

The ESTA visa allows trips of up to 90 days per visit, French people wishing to stay for longer will need to apply for a visa.

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