Can retirees challenge France's new citizenship rules?

A stricter application of citizenship rules has made it virtually impossible for people who retire to France to ever obtain French citizenship. Many of our readers feel this is unfair, but would a legal challenge be possible? We asked an immigration lawyer for his view.

A few words in a ministerial memo have had a seismic impact on the lives of many retirees living in France.

The circulaire from Interior Minister Bruno Retailleau, sent out in May, orders préfectures to treat more strictly the rules on French income. With only a very few exceptions, candidates applying for citizenship through residency will now have to show they have French income.

This effectively rules out applications made by retirees who are living on a pension from another country, barring a whole swathe of people from ever becoming French, even if they meet all the other criteria for integration and the French language.

This has come as a devastating blow to many foreign retirees in France.

Several readers said they planned to appeal or were even thinking about mounting a legal challenge to this rule change, citing the fact that it effectively discriminates against older people.

So we asked immigration lawyer Daniel Tostado for his opinion on whether a challenge would be successful.

He told us: “Unfortunately, I would be very pessimistic about any successes on appeals based on people arguing age discrimination.

“I think France is very careful about the question of age discrimination. There is no rule saying ‘only people 40 and under can be naturalised’. If you meet the criteria, based on the law, regardless of your age, then you can be naturalised.

“I think now they can hide behind the ‘centre of your economic interests’ argument. It’s not age discrimination to say you have to have the centre of your economic interests in France.

“So, for example, if you are an American, 65 and retired, but you have been here for 20 years and you worked in France, and you just decided to file now you have every chance of succeeding – it’s not age that is the factor, it is professional insertion and the centre of your economic interests.

“The nature of the Code civil has been so subjective on these terms. One has to have the ‘centre of their economic interests’ in France – but what does that mean?

“Well, we see that Interior Minister Bruno Retailleau has now clarified what this means in a stricter sense. He has given préfectures ministerial directions to follow.

“I would be very pessimistic about ongoing applications by retirees, and I would be very pessimistic that appeals will be successful.”

Several people also pointed out that it felt unfair that new rules were being applied to people who had actually made their applications months or even years ago.

But while this might be unfair, is it the basis for a legal challenge?

Daniel told us: “France is allowed to change its rules.

“When it comes to allowing us as foreigners to join their national community, they are allowed to have their rules be strict. In comparison to Italy and Switzerland, the residency requirement in France is five years, and it can go quicker in certain cases – that could be perceived as generous. At a European level, it’s relatively loose.

“But the winds are blowing against immigrants. So they’re becoming less and less generous.

“When it comes to how this change is made, via a ministerial circulaire, each subsequent circulaire nullifies the previous.

“Circulaires have very little legal value, but they offer instructions for how préfectures and consulates should act.

“A circulaire is always paper-thin – they’re not writing a new law or applying something crafted by the legislature; they’re just clarifying. They say ‘we’re not changing the rules, this is just how they should be applied’.

“But I don’t think there’s much of a legal argument to hang your hat on, in saying the retroactivity is unfair.

“Realistically, for the people aged 55 and over coming to France from now on, their best hope will probably be the 10-year card and not naturalisation.

“I think a lot of this is unfair, but unfortunately, that is what we are facing – ultimately, naturalisation is not a right, it’s a privilege.”

Can retirees challenge France’s new citizenship rules?

Tags: