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French nationality while living abroad with a civil partnership with a French national

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kamoe
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Posts: 2738
Joined: Mon Sep 07, 2015 10:57 am

French nationality while living abroad with a civil partnership with a French national

Post by kamoe » Tue Apr 12, 2022 11:29 am

Throwing a bottle into the ocean: Has anyone attempted to apply for French nationality on the basis of a UK civil partnership to a French citizen while living abroad?

This has a difficulty, because in French law the civil partnership is recognized as a form of PACS, which in France is not legally equivalent to a marriage, as it is in the UK. I know that a foreign national is not eligible to apply for French nationality on the basis of marriage to a French citizen if they only have a PACS and are not married. The argument is that 1) the process to contract a PACS in France is not as rigorous as the process to get married, and you do not need to announce your intention to get PACSed to the migration authorities. Therefore, the hypothesis is that an unauthorised foreign national could abuse this more easily than with a sham marriage with the purpose of getting French nationality, and that, 2) any foreign national that choses a PACS over a marriage can always get French nationality in their own right by virtue of their own legal residence history in France. See the rejection of the proposition to change the law here: https://www.senat.fr/rap/l09-114/l09-1145.html

However, the argument for that rejection only stands if the context is France and a PACS, not the UK and a civil partnership. In the UK, both marriages and civil partnerships follow the exact same procedure, with the exact due notice to the Home Office in the case of foreign nationals. And the non-French partner living in the UK would not have a path for French citizenship by living in the UK.

Any thoughts of how a path to French nationality can be possible for a civil partner in this case? Anyone has attempted this, or has heard of any development towards disarming this very clearly discriminatory law? Any leads, absolutely any, even small, are very welcome.

Thank you.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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