Question 7520 — nationality

Summary

The acquisition of French nationality by a foreigner due to his marriage to a spouse of French nationality, provided for by article 21-2 of the civil code, may be refused by the Government, by decree in the Council of State, for indignity or lack of assimilation other than linguistic, as provided for in article 21-4 of the civil code. The procedure intended to assess the assimilation other than linguistic of the applicant is organized by Decree No. 93-1362 of December 30, 1993 relating to declarations of nationality, decisions on naturalization, reintegration, loss, forfeiture and withdrawal of French nationality. This decree specifies that the examination of declaration files gives rise to investigations, opened upon subscription of the declaration, and involving the police or gendarmerie services, the security services as well as the national criminal record. Social services can also be contacted. In light of the results of these investigations, a systematic interview with the couple, then with each of its members, is organized by the services of the subscription authority. The daily lifestyle of the declarant and his or her spouse is examined during this interview. The summary of this examination by the prefectural services is formalized by an opinion favorable or unfavorable to the recording of the declaration which accompanies the file transmitted to the sub-directorate of access to French nationality. If this instruction revealed a lack of assimilation or a reason for indignity, a draft opposition decree is presented to the interior section of the Council of State which examines the legality and appropriateness of the project. The lack of assimilation, as provided for by article 21-4 of the Civil Code, is characterized by behavior or comments that contravene respect for the essential principles and values ​​of French society, including the principle of secularism and the principle of equality between men and women. Thus, the control carried out by the administration on the condition of adherence of the declarant to the principles and values ​​of the Republic, within the framework of the procedure for acquiring French nationality by marriage is comparable to that operated within the framework of the acquisition procedure by decree.

Machine translation from French. The official text remains authoritative.

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