Children born in France by foreign parents acquire automatically the full right to French nationality on their 18th birthday as long as they reside in France when they turn 18 and have been residing in France for at least 5 years (with or without interruption) since the age of 11. Minors born in France from foreign parents who enroll in the French army as volunteers before the age of 18 do not have to fulfill the residency requirement.
At the age of 16 children born in France from foreign parents can also claim (even without parental consent) French nationality by declaration. The residency requirement is of continuos residence in France for at least 5 years. Foreign parents of children born in France can claim French nationality on behalf of their children (who must anyway express his/her consent) at the age of 13 if the children have been continuously residing in France since the age of 8. The declaration must be produced to a judge who will take the decision. Appeal against an unfavorable decision can be lodged with the higher court.
A specific policy for housing of migrants is led by a Interministerial Committee of Housing Immigrant Populations (Commission interministérielle pour le logement des populaitons immigrées), set up in 1998 which cooperates on social assistance issues with the Social Action Fund for Immigrant Workers and their Families (Fonds d’Action Sociale des Travailleurs immigés et de leur familles).
For foreigners who work with a valid title in France and are without a family and with a low income, accommodation can be provided in the “foyers des travailleurs immigrés”, at low costs. Other facilitations exist for those occupying run down buildings and estates for them to cover accommodation and facility renewal costs.
Foreigners with a valid title to reside in France may be entitled to claim the “prestation familiales”, which are State contributions for low income families against accommodation costs (rent etc.). Entitled are among other: those who have obtained refugee status and their families; foreigners with a residency card or a valid temporary residency card. Their rights to such support are the same as French nationals’ rights.
Foreigners holding a valid title to reside in France for at least one year have the same right of access to vocational and professional training as French citizens. Moreover specific training initiatives are established by the State to support foreigners who are in France for work reasons, including literacy and language training, vocational training. Attendance at specific training courses is possible for those who are regularly living and working in France. Renewal of stay documents is not facilitated by the attendance to such courses and must follow the usual rules. Specific training programs are provided for those obtaining refugee status in order to facilitate their integration into society and access to work.
Special support is provided to foreigners who, at certain conditions, become unemployed or are threatened with dismissal, with a view to facilitate their reintegration in their countries of origin. In order to accede to such help, the foreigner who has been dismissed or is threatened with dismissal must be residing in France legally and have held (or be holding) a permanent job. Also, in case s/he leaves France, the family residing with him/her must be also leaving France to be reintegrated in the country of origin.
As for entitlement to health care, the legal provisions are complex; concerns are expressed about their implementation in practice in relation to migrants and refugees and asylum seekers, especially since the introduction of a reform of the national health Service in 1992 and 1999 in relation rules about the entitlement of immigrants (including those without valid papers) to State medical care.
Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.
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