If you are married to, or will marry, a French citizen and want to explore your immigration options to the "Pays des Lumières," this article is for you....

If you currently live abroad with your French spouse, but plan to relocate to France for more than 90 days, you’ll need to apply for a long-stay visa. More specifically, a visa de long séjour valant titre de séjour (VLS-TS) which allows you to live in France for up to one year. This type of visa is issued automatically if you are married to a French citizen. Then, you might be eligible for a carte de séjour “Vie privée et familiale” (resident permit) valid for one or two years with possibility of extension.  

How to get carte de séjour “Vie privée et familiale” (resident permit)? 

You must meet all of the following requirements:

• The community of life (communauté de vie) with your spouse must not have ended (except in the case of a death or domestic violence);
• Your spouse must be French on the day of the marriage and must have retained their French nationality; 
• You must not be in a polygamy relationship (married to multiple people at the same time);
• If your marriage was celebrated abroad, it must be registered in the French Civil Registry of the French Consulate you belong to in order to be valid in France.

Different conditions apply to Algerian citizens.

Commonly Asked Questions

1. Can I get married in France?

Yes you can, but the marriage must be celebrated in a French municipality where at least one of the two future spouses has a permanent connection. The connection can be either: direct with one of the future spouses or indirect through a parent of one of the future spouses. 

2. How do we show the community of life (communauté de vie)?

You will have to provide a sworn statement certifying a common life and evidence such as a joint/common lease, bills (EFF, internet), bank accounts, tax returns, insurance for example. But it is not an exhaustive list and other evidence submitted should be analyzed on a case by case basis. 

3. After obtaining my carte de séjour "vie privée et familiale" can I become French? 

If you have been living in France since your marriage and you are married to a French citizen for at least four (4) years you are eligible to apply for French citizenship. If you have been living in France for more than three (3) years, then you will be eligible after four (4) years of marriage. If you have been living in France less than three (3) years and your French spouse was registered in the French Civil Registry of a French Consulate abroad, you will be eligible after four (4) years of marriage. If not registered abroad, you will be able to apply after five (5) years of marriage.

Please note: if you entered France with a visitor visa, or without a visa if you are exempted (please check if you need a visa to travel to France for less than 90 days), you could still be eligible for a carte de séjour “vie privée et familiale” under the following conditions: you entered France legally with a short-stay visa (or you are of a nationality exempted from a tourist visa); You were married in France to a French citizen; You have been living in France for more than six (6) months with your spouse.

Also, you can change your status while holding a different resident permit (student, temporary worker etc..) and apply for a carte de séjour “vie privée et familiale.”

PACS 

If you do not want to get married you can choose the PACS. The Civil Solidarity Pact (PACS) is a contract allowing unmarried same-sex and different-sex couples to organize their life together. 

A PACS is not the equivalent of a marriage under French Law but offers the option for the foreign national to apply for a carte de séjour “vie privée et familiale” by showing the existence of a PACS, a bonafide relationship with a French citizen and a common life in France for at least one year. 

Unfortunately you won’t be eligible for French citizenship, but don’t worry, other pathways are available! To be discussed in a future article on how to become a French citizen. 

Learn More About Immigrating to France with your French Spouse

Alicia Marie Salhi is a French citizen and cross border Immigration Lawyer. Admitted to the Paris Bar, though her immigration law experience widely covers the U.S. and Mexico.

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