Nationality is a central aspect of personal law, and France, like any state, has specific rules to determine who its nationals are. Among these rules, a particular concept exists: the loss of French nationality through obsolescence (“désuétude”).
This mechanism, although specific, has significant implications for the individuals concerned.
1. Initial Establishment of French Nationality
In principle, it is the person claiming French nationality who must establish that they possess it. This proof can be provided in various ways. Producing a French identity document, such as a national identity card or passport, is an obvious way to prove nationality. Another method is to provide a certificate of French nationality, an official document that attests to a person’s nationality.
French nationality can also be acquired through descent (filiation), i.e., through the parentage link with a French parent. In this case, the law provides a presumption: French nationality established by descent is presumed “if the person concerned and the parent who was likely to transmit it to them have consistently enjoyed the possession of French status”.
2. The Notion of “Possession of French Status”
The “possession of French status” is an important legal concept in this context. It is characterized by a set of facts and behaviors that demonstrate a person’s belonging to the French national community. For example, possession of an official French identity document, registration on French electoral rolls, or registration on French consular registers are elements that can characterize the possession of French status.
3. Loss of French Nationality Through Obsolescence: A Specific Mechanism
However, the presumption of French nationality through descent has a limit. It does not apply to an individual who “resides or has habitually resided abroad, where the ancestors from whom they hold nationality through descent have remained established for more than half a century.” In this particular case, the individual will not be allowed to prove their French nationality through descent if neither they nor their parent likely to transmit it had the possession of French status.
This case mainly concerns nationals of the former territories of the French colonial empire. The Court of Cassation has described this mechanism as “loss of French nationality through obsolescence.” This “loss” does not occur automatically; it must be established by a judgment.
4. Procedure for Establishing Loss of Nationality
Establishing the loss of French nationality through obsolescence is a judicial procedure. The Civil Code refers to Article 23-6 of that code, which provides that only a judgment can establish the loss of French nationality. This judgment is based on the ineffectiveness of the nationality link, a principle recognized in international law.
In practice, it is often when applying for a certificate of French nationality that a person concerned will be opposed by a decision to refuse to issue this document. This decision is made by the director of the judicial registry services. However, it is important to emphasize that the director of the judicial registry services does not have the power to decide that the person concerned has lost French nationality, nor to set the date of this loss. Only the court has this jurisdiction.
5. Conditions for Loss of Nationality Through Obsolescence
The court, when considering a request to establish loss of nationality, must verify that five cumulative conditions are met:
- The individual must be eligible to be French through descent.
- They reside or have habitually resided abroad.
- They have not had possession of French status.
- The parent likely to transmit French nationality to them has also not had possession of French status.
- The ancestors from whom the individual holds nationality through descent have resided abroad for 50 years.
6. Exceptions to the Loss of Nationality
There are situations in which the loss of French nationality through obsolescence will be set aside. The Minister of Justice has specified that if the individual “provides proof of residence in France for several years of one of their ancestors from whom they hold French nationality, and/or of habitual personal residence in France,” the loss of nationality will not be established. The Court of Cassation has confirmed that the residence of ancestors in France for several years is sufficient, as is that of the individual.
7. The Notion of “Residence in France”: Clarifications
The notion of “residence in France” is important in determining whether the loss of nationality can be set aside. The ministerial response provides clarifications on this subject: “stays or regular vacations in France, studies, or even a recent arrival in France of a person who has spent most of their life abroad do not constitute residence in France.”
In conclusion, the loss of French nationality through obsolescence is a complex legal mechanism that applies in specific situations. Its establishment is subject to strict conditions and falls under the jurisdiction of the court.
For any support regarding your French citizenship application, feel free to contact LexCase team.
