Timeline for About losing French nationality by 'not-using'
Current License: CC BY-SA 4.0
21 events
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| May 25, 2021 at 23:04 | comment | added | Yarin | Yes I understand that's a big problem but the irony is that the grand-father of my grandmother (great-grandfather of my mother) he had a possession d'état until he died in 1969 as opposed to his son (father of my grandma) but I don't know if it will be enough since it is was 52 years ago, and it is the great grandfather of my mother. Well I'll consult with a lawyer to see if there is a solution and if not I'll try anyway getting CNF for my mom and just hope it will be positive | |
| May 25, 2021 at 22:56 | comment | added | Relaxed | @Yarin Unfortunately, that's not enough, the 50-year condition applies to her French ancestors (« les ascendants dont il tient par filiation la nationalité »). The problem is that in the court case I mentioned, the court interpreted “les ascendants” collectively. The notion is that together your great-grandfather and grandmother have spent 50 years abroad without possession d'état. That's why this court case is a problem for you. | |
| May 25, 2021 at 22:46 | comment | added | Yarin | Yes of course we will issue her passport and ID soon and we will also register her marriage within the french consulate, but do you think that the court could state that my mother had lost her nationality due to article 30-3 I mean because she is under 50 the condition of living outside of France is not met so I was wondering if she can claim it as well without getting into trouble with this article | |
| May 25, 2021 at 22:41 | comment | added | Relaxed | @Yarin I think it's worth trying. I would get a passport for your grandmother and join a copy of that to the application to establish possession d'état. | |
| May 25, 2021 at 22:17 | comment | added | Yarin | Hey, Updating that my grandmother has just received her CNF !! Do you think that my mother which is under 50 will be able to claim also her French nationality also or that the article 30-3 will be a barrier? and yes you were right they mentioned the father side on the CNF decision | |
| Jan 28, 2021 at 10:59 | comment | added | Yarin | Thanks alot !! This law is so confusing, I hope my grandma will get her CNF soon!! P.S. it seems like you have vast knowledge on those case's maybe you should become a lawyer specialized in French nationality cause there are very few outside of France | |
| Jan 28, 2021 at 10:53 | vote | accept | Yarin | ||
| Jan 28, 2021 at 10:51 | comment | added | Relaxed | @Yarin I don't think being born before 1978 changes anything in this case. You only need one parent to be French, though. There is no requirement that neither of them lived less than 50 years abroad. So if she could have gotten it through her father, it doesn't matter at all how we would analyse her mother's situation. | |
| Jan 28, 2021 at 10:51 | comment | added | Yarin | Well I hope you're right maybe if my grandma will receive her CNF I will try to request the next CNF for my mother from there, I heard it should be more easy and quicker than applying in Paris | |
| Jan 28, 2021 at 10:49 | comment | added | Relaxed | I should have written I am not 100% positive. | |
| Jan 28, 2021 at 10:49 | comment | added | Yarin | Even if we take 50 years from the naturalization date of her mother which was 1928, we get to 1978 and my grandma was born in 1946 so I assume she was French at birth and it's also mentioned on her French birth certificate that both of her parents were French, I am bit nervous because I afraid they will refuse, the file is in the Tribunal since Nov' 2018 and we should receive an answer soon.. | |
| Jan 28, 2021 at 10:48 | comment | added | Relaxed | For her children and grandchildren, it's trickier. If they try to use their citizenship or get a CNF now, without being able to prove your grandmother's possession d'état, it would clearly fail. I used to think that, since your grandmother is still alive, she could “reset the clock” by securing some evidence she is still French (as she is currently doing) but in the court case I linked to, the children were found not to be French. The situation seems similar, the main difference is that they all applied at once instead of waiting for the father's CNF to come through. | |
| Jan 28, 2021 at 10:44 | comment | added | Relaxed | Now, turning to your grandmother's father, leaving France/Algeria in the 1940s and passing away in 1983, he hasn't lived 50 years outside of France and hasn't triggered that condition. If I am not mistaken, his daughter (your grandmother) should be allowed to prove her citizenship and get a CNF (no matter how long she has lived abroad). | |
| Jan 28, 2021 at 10:40 | comment | added | Relaxed | Neither your grandmother's father (born in France to a French parent) nor her mother (naturalised) can lose their citizenship, it's only from the second generation born abroad that it matters. On the other hand, I am 100% positive but I would think the 50-year clock does run from the date of her naturalisation. As she never lived in France, maintaining possession d'état is especially important to be able to pass her citizenship to her children. | |
| Jan 28, 2021 at 10:28 | comment | added | Yarin | He was placed in Tunisia due to his military service after he was released from captive in Nazi Germany, I don't know the exact year but for sure between 1942-1944 | |
| Jan 28, 2021 at 10:23 | comment | added | Yarin | One more thing I would like to mention is that the grandfather's (the father of her father) of my grandma came here in Israel in 1962 (from Algeria) and took care of his French nationality and registered himself here in the French consulate which means he had "possession d'etat" (in contrary to his son who came in 1951), he passed away in 1969 and the latest document I have regards to him is consular card which was expired in 1969 the year he passed away | |
| Jan 28, 2021 at 10:19 | comment | added | Yarin | As you have stated, her father was grew up in French Algeria and was placed in Tunisia during his military service where he met his wife there, just to mention again that her mother was naturalized at the age of 8 years old so as far as I know her nationality has "no date of expiration" I don't know if that's matters here but it's also good to mention. | |
| Jan 28, 2021 at 10:10 | comment | added | Yarin | First of all thank you for your detailed answer !! | |
| Jan 28, 2021 at 0:42 | history | edited | Relaxed | CC BY-SA 4.0 |
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| Jan 28, 2021 at 0:36 | history | edited | Relaxed | CC BY-SA 4.0 |
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| Jan 28, 2021 at 0:30 | history | answered | Relaxed | CC BY-SA 4.0 |