French nationality reg

Let us simplify your query which to me is not put in the right forum as this legal portal primarily deals with Indian Laws! However since you came to us let me satisfy you in layman’s language;

1. The Second WW happened between 1939 – 1945 – right!

2. Your Grand Father enjoyed French benefits till 1979 as you say to us – right!. Today it is 2013 means only 34 years lapsed but with a caveat and for the same read next two paras which are easy to establish had I handled same as paid amicus curie J  

3. The French Law says that the person who established its residence abroad as well as its ancestors more than 50 years ago and cannot present any evidence of French nationality for him nor for its ancestors of French origin (i.e. any of the French identity documents, transcriptttion of certificate by the civil register, military affairs, etc.) cannot pretend to the French nationality by filiations. Here the Law of disuse squarely applies.

4. The second Rule explains that the residence of a foreigner abroad for a period of 50 years and the absence of possession of the French nationality for two generations are treated as accumulatives. It refers to the case of a family which possess another nationality and which deliberately has left France. Here your father and you are considered two generations further both of you didnot peruse for French nationality till 1979 and hence Law of disuse squarely applies both in your father’s as well as your case.

Summing up your case will not pass through when soliciting French Nationality Certificate piggy ridding your grandfather’s then achievements and the Judge or competent Judicial Secretary in France where probably your case if and ever if put up can prove loss of nationality for disuse citing para 3 and para 4 as square reasoning even if papers till 1979 you and/or your father pushes though in said paper book seeking French nationality.

hi sir sorry for posting this query here and thanks for your reply .I have one doubt below is the copy of that law which i collected from internet

Art. 23-6
(Act no 73-42 of 9 Jan. 1973)
The loss of French nationality may be recorded by judgment where the party concerned, French by parentage, has
not the apparent status thereof and never had his usual residence in France, if the ancestors from whom he held French
nationality have not had themselves the apparent status of French or residence in France for half a century.
The judgment shall determine the date when French nationality was lost. It may decide that that nationality was lost
by the predecessors of the party concerned and that the latter never was French.

In the above para highlighted part is in favour of us i guess because my grandfather enjoyed the status of french and he included my father's name in "LIVERT DE FAMILLE"  so my grandfather and his family enjoyed the french nationality and its benefits till 1979 right  please reply

Read you appeal and read the reference Law in hand.

1. Be noted "L de F" is not the sole source of official recognition for asked events.

2. If your grandfather was bestowed honorary French nationality due to his siding with French during Second WW, - and at that point someone should have mentioned something about adding the children (your father) to the livret then there is a case in hand. This is what you reveal now - right!

3. It is after 34 years obvious that your father and you should have had to produce a "L de F" in order to take French nationality. What I see here is that the very "L de F" seems to be missing hence suggested to first log on to Ministry of Foreign Affairs website regarding how to request a duplicate "livret de famille".

4. Now after some 34 years your father and you after seeking duplicate "L de F" need to provide all the other documents for all the events that now needs to be documented such as your grandfather's second WW benefits till 1979 that he or his family (was supposed to be) receiving, your father's birth certificate and yours too - possibly with official translations and get hold of a local legal hand to process all these documents as your case can still be re-opened provided legal journey is taken after seeking duplicate "L de F" is my view.

5. But do remember your father's "carte d'identité" is most important document as French passport does not prove once nationality only a carte d'identité does, and that is what is required to get a French passport which is what you are seeking if I may correctly see through. If your father has no carte d'identité, ask him first to apply at a local Consulate for a “replacement" stating he has "lost" it! He'll have to make a written declaration that he has "lost" his card and have made "every effort" to find it with a declaration.

6. If authorities raise the issue of the missing livret, just tell them your father never got one and let such and such authorities sort it out. If you're side are nice about whole thing and just insist it was an innocent mistake but support with paper documents,  like grandfather’s benefits till 1979, your father's marriage certificate, his and yours birth certificates etc. etc. the authorities will find some way to make all these happen.

I see after reading your reply mail that your grandfather and his family (i.e. your father) enjoyed the French nationality and its benefits till 1979 abut now your father and you are seeking French nationality. The case is overall good one and can be followed based on your reply which is basis of this clarified reply to that of my earlier stance.

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