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What is the significance of the principles of "jus soli" and "jus sanguinis" for French citizenship?

What is the significance of the principles of "jus soli" and "jus sanguinis" for French citizenship?

What is the significance of the principles of "jus soli" and "jus sanguinis" for French citizenship?
  • What are the modern principles of citizenship in France?
  • How can foreigners obtain French citizenship through naturalization?
  • How to obtain French citizenship: rights, obligations, and conditions
  • What is the process of obtaining citizenship in France for children and migrants?

French citizenship and its principles

France adheres to the principle in matters of citizenship."jus soli"which translates to "right of the land." This means that people born on French territory have the opportunity to become citizens of the country regardless of their parents' status. In contrast, in many countries, such as Germany, the principle is applied“jus sanguinis”or "right of blood," which suggests that citizenship is passed down through familial ties.

Historical context of migration

Historically, the French citizenship system has attracted many migrants, especially from North Africa – for example, from Algeria, Morocco, and Tunisia. For a long time, France actively recruited these workers to address the labor shortage, and a liberal migration policy facilitated this process. However, at a certain point, the number of incoming migrants from regions such as Asia, Eastern Europe, and Africa began to grow rapidly, making it difficult to manage their influx.

Changes in migration legislation

As a result, there have been changes in the legislation that lead to a shift from the principle"jus soli"to“jus sanguinis”and stricter regulations in the field of migration were implemented.

The citizenship system in France

The French citizenship system combines both approaches —"jus soli"and“jus sanguinis”However, the dominance of one of them depends on the current immigration policy of the country. Citizenship laws vary from state to state, and in France, this issue is regulated byCivil Code.

In particular, Section 1 of this code contains the main rules regarding citizenship, including Articles 17 to 33-2.

Key changes in legislation

Over time, various adjustments have been made to the legislation, including in connection with the adoption of new laws. One of these important documents was the lawPasquawhich was adopted in 1993. It significantly tightened the procedures for obtaining citizenship and the requirements for applicants. According to this law:

  • Children born in France to non-resident parents could only apply for citizenship upon reaching adulthood.
  • Automatic acquisition of citizenship by birth has been abolished.

Restoration of the rights of foreign children

In 1998, a law was enacted.Gigwhich somewhat restored the rights of foreign children, however, until they reach the age of 18, they still remain foreigners. It is important to note that they need to confirm actual residence in France for at least five years. But if at least one of the parents is a French citizen, the child automatically acquires French citizenship regardless of the place of birth, which is a striking example of the application of the principle“jus sanguinis”.

Modern aspects of citizenship in France

Thus, the issue of citizenship in France remains on the agenda, with many aspects related to the consequences of changes in legislation and migration policy. These changes continue to have a significant impact on the lives of foreigners and their chances of successful integration into French society.

A symbol of special significance is the fact that foreign legion fighters, representing other countries, can obtain French citizenship not through ancestry, but thanks to their deeds and sacrifices, preserving life and health in battle. In France, there is still an established rule known as "double jus soli." This means that a child born on French territory automatically becomes a citizen if at least one of their parents was also born on French soil, even if they do not have a French passport.

Naturalization process

As for the naturalization process, for those seeking to obtain a French passport, most adult candidates must go through the naturalization procedure. Individuals who are not French citizens by birth and were not born on its territory must first earn the right to citizenship. This requires continuous residence on French soil for five years.

However, for foreigners who have successfully completed a two-year higher education program at one of the French universities, this period can be reduced to two years, as well as for those who have achieved outstanding results in the fields of culture, sports, or science. If a foreigner is married to a French citizen, they have the right to apply for naturalization after four years of living together in the country or after five years of living abroad.

Naturalization conditions

One of the most important conditions for naturalization is the need to demonstrate your integration into French society. This requires meeting a number of mandatory requirements. So how can one demonstrate integration?

  • The candidate must have been legally residing in France for at least five years on a long-term visa or residence permit.
  • It is necessary to successfully pass the French language exam in both oral and written forms, achieving a level of at least B1.
  • An immigrant must either work legally or study at a French educational institution in the French language.
  • As part of the naturalization process, it is also necessary to take a test covering the history, culture, and society of France.

An immigrant is required to respect the fundamental principles and values of the Republic, comply with the laws of France, and not have any criminal convictions with a sentence of more than six months. Family members, including a spouse and minor children, if any, must reside permanently with the immigrant in France. It is also important to confirm the absence of tax debts.

Signing of the Charter

And finally, the immigrant must sign the Charter of Rights and Duties of Citizens of France. This document, approved by the Council of State, highlights the fundamental principles and values important to the French Republic.

Application for citizenship

To obtain a French passport, the candidate must submit an application to the prefecture in their place of residence. The processing time for the naturalization request should not exceed 18 months from the moment all required documents are submitted. If the citizenship decision is negative, the candidate will always have clear reasons for the refusal.

What is the significance of the principles of "jus soli" and "jus sanguinis" for French citizenship?

The main factors that can lead to a denial of French citizenship include insufficient knowledge of the French language and a lack of integration into French society. Indigénat is a legal term that refers to the status of citizenship, meaning belonging to the citizenship of a specific state. Typically, representatives of various countries, such as Russia, can only have indigénat in their own country, which makes it impossible to obtain additional citizenship.

Dual citizenship

In France, dual citizenship is allowed. Citizens of the Russian Federation can obtain a French passport without renouncing their Russian citizenship.

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It should be noted that there is no agreement on dual nationality between Russia and France, so it is more accurate to speak of having a second citizenship. This means that in their home country, a person will be regarded solely as a citizen of Russia, while in France, they will be considered a French subject.

If a Russian citizen stays in France for more than 183 days a year, they automatically become a tax resident of the country. According to this status, they will be required to pay taxes in Russia as a non-resident, which can increase their tax obligations to 30%, compared to the standard 13%.

Rights of citizens of France

The rights and responsibilities of French citizens are regulated by law. All citizens of France have equal rights, regardless of their national or ethnic background, as well as their religious beliefs. A foreigner who becomes a holder of a French passport receives the same rights as local residents. French citizens have the following rights:

  • Living and working in France.
  • Freedom of movement and labor activity in the countries of the European Union and the Schengen Agreement.
  • The ability to enter without a visa or obtain a visa on arrival in 188 countries around the world.
  • The possibility of having dual citizenship.
  • The right to family reunification: spouses, children, and parents can apply for a residence permit and then for citizenship.
  • Access to all social services provided to citizens: healthcare, public education, social benefits, and legal assistance.
  • Participation in the political life of the country: the right to vote and to be elected to public office.

Duties of citizens

The responsibilities of a citizen include obeying the laws of France, paying taxes and fees, as well as defending the country in the event of military conflicts.

Ways of obtaining citizenship

There are several ways to obtain French citizenship, each accompanied by specific conditions.

As for citizenship by descent, a child whose one parent is French automatically acquires French citizenship, regardless of the place of birth—whether it is France or any other country. This rule is enshrined in the French Civil Code (Article 18).

Additionally, it is worth mentioning that a child born in France to unknown parents automatically receives French citizenship.

In France, there are specific provisions regulating citizenship issues for children born on its territory. According to current laws, a child born in France to parents who do not have citizenship automatically becomes a French citizen. There is also a provision that allows children born in the country to foreign parents to obtain citizenship if the legislation of their home country does not allow them to pass on their citizenship to their child.

If one of the parents is a citizen of France, this fact guarantees citizenship for the child as well. This rule does not apply to the children of diplomats. For foreign children born in France, there is a possibility of obtaining citizenship upon reaching adulthood, provided they have lived in the country for five consecutive years starting from the age of 11. In some cases, citizenship may be granted to children aged 16-18 if they have been in the country for the last five years, as well as to those aged 13-16 if they have lived in France since the age of 8.

Immigration and citizenship

As for the immigration process, a foreigner can acquire French citizenship after five years of continuous residence in France, provided they submit the appropriate application. The waiting period can be reduced to two years for those who have successfully completed a two-year program at a French university or have made a significant contribution to the science, sports, culture, or economy of the country. It is important that their presence in the country is legal, with a valid visa or permanent resident status.

Integration conditions

Immigrants are required to demonstrate their integration into society, which includes:

  • Knowledge of Frenchat the B1 level;
  • Awareness of the culture and history of France;
  • Understanding the values of the republic;
  • Employment status;
  • Absence of criminal offenseswith a long prison sentence of more than six months.

A key point is also the cohabitation with the spouse and the applicant's minor children in France.

Submitting an application through a marriage

If a foreigner marries a French citizen, they have the right to apply for citizenship after four years of living together, provided that the marriage remains valid at the time of application. It is important to note that the application period may extend to five years if the applicant has lived outside of France and has not proven their permanent residence in the country for three years from the date of marriage registration.

Mandatory conditions

Knowledge of the language remains mandatory, which implies a proficiency level of B1, and spouses must live together continuously. There are also numerous specialized instructions and temporary measures regarding legal residency status in the country that apply to migration policy. Direct residence in the country, including having the necessary documents such as a residence permit or permanent resident status, is a fundamental aspect for obtaining citizenship.

Conclusion

In conclusion, the issue of obtaining citizenship in France is not only a legal procedure but also a testament to the country's layered history and culture. Starting with the principle of "jus soli," which became the foundation for the formation of a multicultural society, we observe significant changes in immigration policy over the past few decades. The shift towards the principle of "jus sanguinis" in the context of increasing migration flows highlights the need to adapt legislation to the realities of the times.

France, striving to preserve its unique cultural diversity, is meanwhile facing challenges related to the integration of migrants and the rights of their children. Laws aimed at restricting access to citizenship seem to reflect not only a desire to protect national interests but also deep social changes within society.

Naturalization process

It is important to note that the naturalization process is an organization where the personal efforts and desire of the individual to integrate into a new society play a key role. Having gone through all the stages:

  • proof of legal residence;
  • successful passing of language exams;
  • knowledge of cultural aspects.

Immigrants are given the chance to become full-fledged members of the French Republic.

Conclusions

The task of every future citizen is not just to comply with the laws, but also torespectto the principles and values, which in turn strengthens society. Thus, each process of obtaining citizenship becomes a step towards understanding and mutual comprehension in a multicultural environment, where a foreigner who becomes a citizen brings their stories and traditions, enriching the already vibrant tapestry of French culture.

All of the above highlights the depth and complexity of the topic, which touches not only on legal aspects but also on human destinies. As a society, we must continue to discuss and develop approaches that promote integration, so we can confidently move forward in the era of globalization and harmony among different cultures. Every new citizen becomes not only a part of the economy but alsosoulsCountries, and only together can we build a future based on respect and understanding.

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