The three main ways in which French nationality can be gained are:
- Naturalization: The granting of nationality to people who have reached their majority (18 years) and have lived in France for at least five years;
- Acquisition: For 18-year-old children of foreigners born in France and resident there for at least five years between the ages of 11 and 18 (under Article 44). Although between 1993 (Act of 22 July) and 1998 (Act of 16 March) applicants had to “manifest a desire” to become French in order to enjoy this right, this is no longer required;
- Declaration: Following marriage to a French man or woman (the marriage must have lasted at least one year).
Marriage
Spouses of French citizens have a right to a long stay visa and a family stay card as of right, absent fraud, and for spouses from visa waiver countries, no long stay visa is required. The spouse can acquire a right to permanent residence, provided the marriage was celebrated at least two years prior to the permanent residency request.
Since 26 November, 2003, a foreigner living in France, married to a French citizen for two years can acquire French citizenship by declaration, so long as they have resided in France for one year uninterrupted. If the couple is living outside of France, a five year waiting period is required. In addition to the many documents required to prove both the applicant’s nationality and the spouse’s French nationality, there is a requirement for competency in the French language. The laws changed in September 2006, so that even married foreigners must wait four years before they can apply for citizenship - if they live outside of France.
Naturalization ‘par déclaration’ is possible if you have legal status and have been married to and continuously living with a French citizen for 2 years (without delay if you have a child with this spouse). Children under 18 can be naturalized at the same time as their parents.
Non-Marriage
In France, naturalization ‘par décret’ is possible for people aged 18 or more who have legal immigrant status (‘titre de séjour’) and habitually resided (‘residence habituelle et continue’) in France continuously for 5 years (2 years for students who succeeded in two years university courses). Applicants must show assimilation (ability in French, showing they adopted French habits and customs…), and good moral character. They must also prove that they have stable own income (either from their occupation or from their family) in France to support themselves, and show that all their family attachments are in France.
For non-married foreigners, the wait is five years, but you have to have proof that you have a steady income and are reasonably integrated into French life (among other things, of course). The wait can also sometimes be shortened for those who have completed at least two years of higher education here.
The prospective employer must request a work permit from the authorities. A long-term visa must be issued before moving to France. If you skip this, you may not be able to obtain a residence permit once in France.
If you have a temporary resident permit that does not give you the right to work (visitors, students), you can apply for a change of status. This is usually easier than starting from scratch. Apply directly at your local prefecture (services des étrangers). The prefecture will forward your application to the DDTEFP, which will examine the regularity and conditions of your stay in France and your profile and employment situation in the sector you have qualifications for.
The temporary resident permits with the status ‘private or family purposes’ (vie privée et familiale) gives, in most cases, the right to work everywhere in France without limitations (there are some exceptions, such as for nationals of Algeria, Tunisia and Morocco), while the status ‘visitor’ (visiteur) does not give the right to work and you have to make a separate application for a work permit.
If you are a student at an official university (and not a language school), you are eligible to work up to 19.5 hours per week on a student visa. Quite a few foreigners actually enroll in a university program (around 300 euros a year) just to get the right to work in France. Once they’re in and they have their official papers to work, they never actually go back to classes.
The downside of this is that it’s long been used and abused which means that a student visa is becoming a difficult thing to come by as the French government clamps down on the number of visas issued.
If you wish to remain in France as a tourist for over a year, you will have to get a one-year permit and renew it each year until you are allowed to stay indefinitely. This can take from three to 10 years. After a year, you will be obliged to start paying French taxes on worldwide income, obtain a French driving license, etc.
A long stay visa, or entry permit, is required for all persons requesting a stay document.
Carte de Séjour
The carte de séjour is the French resident permit. A carte de séjour acts as your French ID and it is still required for various procedures while certain institutions adapt to the new legislation. It will vary in its length of validity depending on the nature of your stay. You will also be required to undergo a medical examination with the OMI (Office des Migrations Internationales) before your carte de séjour application is fully accepted. The entire process may take several months so patience is needed. Once your carte de séjour is issued you will be entitled to French social benefits such as national health care.
Anyone staying in France for a period exceeding 3 months requires a residency permit or a carte de séjour. Foreigners engaged in a wage-earning activity must ask for a carte de séjour as soon as they begin working, or no later than three months of their arrival. All non-wage-earning foreigners must ask for a carte de séjour within three months of their arrival.
In April 2003, the government proposed to abolish the requirement that EU nationals must apply for a residence permit (carte de séjour), but until it becomes law, it remains a requirement for any foreigner living in France.
Note: One unusual feature of France’s immigration system is that it allows aliens to request “retirement” visas, which will be granted for long periods of time as long as the economic conditions are met.
Generally, to stay in France involves either finding a French employer who will arrange a visa, marrying a French citizen, joining the Foreign Legion, or becoming a student.
Since there is a no-visa agreement between France and the U.S., U.S. citizens can stay in France up to 3 months without a visa. Some people come over as a tourist for three months and hop back and forth from France to England for a week at a time in order to reset their 3-month tourist visa back in France.
As a general rule, individuals with three years of permanent resident status during the preceding four years can qualify for Canadian citizenship.
Applications are submitted at the local citizenship office in the area of an applicant’s residence. Applications may likewise be submitted directly to the citizenship office in Sydney, Nova Scotia.
Applications submitted through a local citizenship office are pre-screened to ensure that that the three year residence rule has been met. Applicants are thereafter scheduled for an informal interview with a citizenship officer to review the merits of the submissions in support of the application.
Within about 12 - 15 months from submission, applicants may be required to appear before a Citizenship Judge to provide evidence of their knowledge of one of Canada’ Official languages as well as an understanding of the overall Canadian political structure.
Applicants admitted to Canada on temporary status, can receive credit for one-half day to a maximum of one year, for each day of such temporary status in Canada.
Generally, actual physical residence is required. However in a number of instances, non-physical residence has been acceptable. The issue of physical and non-physical residence has given rise to substantial litigation and accordingly merits further consideration by prospective applicants. Speak to a qualified lawyer, if you have any doubts whether the duration of your residence qualifies you for citizenship.
A Canadian Immigration (Permanent Residency) Visa is a document which allows a person to live and work anywhere in Canada, and confers upon that person Permanent Resident status. It comes with certain responsibilities and may be revoked if the holder does not meet Canadian residency obligations, or is found guilty of serious criminal activity. A person who is a Canadian Permanent Resident may apply for Canadian Citizenship after 3 years.
The Canadian government grants permanent residence visas to members of the Family Class and the Economic Class. The Economic Class primarily comprises of professionals and skilled workers under the skilled worker class, the Quebec skilled worker class and the provincial nominee class as well as business immigrants.
ECONOMIC CLASS
Using a point system, an applicant is assessed under the federal skilled worker class according to various factors that will indicate whether there is a strong likelihood that the applicant and dependents will successfully establish in Canada. Ideal applicants under the skilled worker class will possess employment skills and experience compatible with occupations “open” to prospective immigrants to Canada. The selection rules particularly favor applicants with government approved job offers in Canada.
Under the Quebec skilled worker class and the provincial nominee class, applicants may become permanent residents on the basis of their proven ability to become economically established in Canada, in accordance with immigration programs and selection criteria administered by Quebec or the provinces.
Canada also admits immigrants under the Business Immigration program which comprises three sub-categories including Investors, Entrepreneurs and the Self-Employed.
The Investor class is point based and confers permanent residence upon applicants who demonstrate an ability to become economically established in Canada on the basis of their business or management experience and personal net worth of at least $800,000. Approval is contingent upon the investor undertaking to commit an irrevocable, passive, non-interest bearing five-year investment of $400,000 in a government guaranteed investment fund. Under applicable programs, applicants can obtain financing and receive legal security on their investment.
The Entrepreneur class is point based and confers permanent residence upon applicants who demonstrate an ability to become economically established in Canada on the basis of their business experience and high personal net worth. Approval is contingent upon the entrepreneur undertaking to invest and become involved in the active management of a qualifying business operated in Canada that will contribute to the economy and create employment.
The Self-Employed class is also point based and refers to applicants who have relevant experience as well as the intention and the ability to create their own employment and make a significant contribution to the cultural, artistic or athletic life of Canada, or to create their own employment by purchasing and managing a farm in Canada.
The Quebec government manages its own immigration programs providing for skilled worker and business class selection rules.
FAMILY CLASS
Under the federal family class, current sponsorship programs typically promote the reunion in Canada of Canadian citizens and permanent residents with their close relatives including a spouse, common-law partner or conjugal partner 16 years of age or older, an unmarried dependent child under the age of 22, a parent or grandparent, and a brother, sister, nephew, niece, grandchild who is an orphan, unmarried and under 18 years of age or any other relative where the sponsor has none of the above relatives or family members, in Canada or abroad.
Individuals who will travel to Canada, other than on a Tourist or Business Visa, must obtain a Work Permit before entering Canada. Eligibility varies according to the citizenship of the applicant.
A foreign national employee may NOT convert his or her immigration status from a Visitor status to Work status while remaining in Canada. The employee can be present in Canada while the work permit application is being processed; however, the employee will not have authorization to work. Once the work permit application is approved, the employee MUST depart and re-enter Canada to activate the work permit.
TYPES OF WORK VISAS
The major types of Canadian work permit categories are as follows:
(NAFTA) North American Free Trade Agreement - (U.S. and Mexican citizens only)
Applications under the following categories may be submitted to a Canadian Consulate or at the port of entry upon arrival.
Intra-company Transferees:
1. Must have been employed by a U.S. or Mexican entity for one year in the previous three prior to request for entry in Executive, Managerial, or Specialised Knowledge position.
2. Must be entering Canada to work for an affiliated entity in the same capacity. Initial visa valid for 3 years with an extension granted up to 7 years for Executives/Managers and up to 5 years for Specialized Knowledge.
Professionals:
1. Must be employed in a designated profession: i.e., accountant, computer systems analyst, engineer, etc.
2. Must possess appropriate degree and/or credentials.
Initial visa is valid for 1 year with annual extensions up to 3 years.
General Immigration Provisions - (Applies to all other nationals)
An application in this category should be submitted at a Canadian Consulate. Visa-exempt nationals may also be permitted to present their application at the port of entry upon arrival. Processing time will depend on the Consulate and can range from 5 business days to several months, depending on whether a medical exam is required or if the applicant is inadmissible due to his/her to criminal background.
Intra-company transferees (R205(a) CEC C12):
Applies to Senior Managers/Executives and Specialized Knowledge workers. Employees must have worked for at least one year of the previous three years in a similar position for the company.
Significant Benefit to Canada (R205(a) CEC C10):
Applicants in this category will most likely require HRDC (Human Resources Development Canada) Confirmation. To use this exemption, the benefits to Canada must be obvious. The exemption is intended to address those situations where the social, cultural or economic benefits to Canada of issuing a work permit are so clear and compelling that the importance of HRSDC Confirmation can be overcome.
Reciprocal employment (R205(b) CEC C20):
Reciprocal agreements between or within multinational companies allow workers to be employed in Canada. The onus is on the institutions and/or applicants to demonstrate that reciprocity exists. The central proviso is that similar access to positions must be available to Canadians as well.
Facilitated Entry for I.T. Workers:
This program applies to any national who falls into one of the seven IT job descriptions that have been identified as being in short supply in Canada. An applicant must be in possession of a degree, have 2-3 years related experience, and have experience or training in a designated list of IT technologies.
Foreign nationals not fitting the above criteria must obtain an HRSDC Confirmation from a Canadian Employment Center which require the Canadian employer to evidence that there are no Canadian citizens or permanent residents who can do the job. Following Confirmation approval, an application for a work permit is filed with a Canadian Consulate with jurisdiction over the applicant’s place of residence, or at the port of entry in the case of visa-exempt nationals.
Validity of the Work Visa
Work permit applications are generally valid for 12 months can be extended in 12 month increments up to a maximum of three years.
NAFTA intra-company transferee work permits are generally valid for three years and can be extended in 12-24 month increments up to a maximum of five years (for specialized knowledge workers) or seven years (for Senior Managers ad Executives).
Registration Upon Arrival
Canada does not have a residence permit requirement. Permission to remain in Canada is governed by valid visa/employment authorization status.
FAMILY AND DEPENDENTS
No separate application is required for accompanying family members. Spouses and children are included in principal applicant’s work permit application.
Work Authorization For Spouse
Since December of 2001, spouses of work permit holders are permitted to apply for “open” work permits without the need for pre-arranged employment in Canada. These provisions apply to both married spouses and common-law partners, including same-sex partners.
Student Authorization
For school-age children (first grade and up), a study permit application form should be submitted for each child, together with principal applicant’s work permit application. No prior acceptance from a school in Canada is required.
Unmarried/Same Sex Partners
The definition of spouse has been expanded to include common-law partners of the opposite and same sex. Common-law partners can be included as spouses for all immigration categories. Any application that includes a common-law partner must include an additional application form (statutory declaration of Common-Law Union), documentation showing co-habitation of at least 12 months and other evidence of the relationship (joint assets/liabilities, wills, insurance policies etc.).
Visas are generally required by all except the following:
(a) nationals of EU countries, Australia, Canada, Japan and US;
(b) nationals of Andorra, Antigua & Barbuda, Bahamas, Barbados, Botswana, Brunei, Costa Rica, Cyprus, Dominica, Grenada, Hong Kong (SAR), Hungary, Iceland, Israel (blue passports), Kiribati, Korea (Rep. of), Liechtenstein, Malaysia, Malta, Mexico, Monaco, Namibia, Nauru, New Zealand, Norway, Papua New Guinea, St Kitts & Nevis, St Lucia, St Vincent & the Grenadines, Samoa, San Marino, Saudi Arabia, Singapore, Slovenia, Solomon Islands, Swaziland, Switzerland, Tuvalu, Vanuatu, Vatican City and Zimbabwe;
(c) those visiting Canada who, during that visit, also visit the USA or St Pierre & Miquelon (a French Overseas Territory) and return directly to Canada as visitors within the period authorized on their initial entry (or any extension thereto).
Validity of Visas
Up to 6 months depending on circumstances of individual applicant. The determination regarding length of stay in Canada can only be decided by the examining officer at the port of entry.
If no actual departure date is indicated within the visitor’s passport, then the visitor will be required to depart within 3 months from the date of entry.
Visitors must depart from Canada on or before the date authorized by the examining officer on arrival.
If an extension of stay is desired, an application must be made in writing to the nearest Canada Immigration Center well before the expiration of the visitor visa.
Restricted entry and transit
The Government of Canada refuses admission to holders of passports, identity or travel documents issued by Bophuthatswana, Ciskei, Transkei, Venda or the Palestine government.
Note:
Visitors to Canada must satisfy an examining officer at the Port of Entry that they are genuine visitors and have sufficient funds to maintain themselves during their stay in Canada and to return to their country of origin, as well as evidence of confirmed onward reservations out of Canada. Persons under 18 years of age who are unaccompanied by an adult should bring with them a letter from a parent or guardian giving them permission to travel to Canada.
BUSINESS VISAS TO CANADA
Business Visitors fall within the Temporary Worker class of entry, although most business visits are exempt from requiring a work permit. A business visitor is a foreign national who seeks to engage in international business activities in Canada without directly entering the Canadian labor market. In other words, the primary source of remuneration for the business activities is outside Canada, and the principal place of business and actual place of accrual of profits remain predominantly outside Canada.
Visitor visas are called Temporary Resident Visas.
Nationals from certain countries must obtain a visa prior to entering Canada; however, many business travelers may apply for entry to Canada at the port of entry, provided that the general visitor criterion is met.
U.S. citizens and other visa-exempt nationals do not need to obtain a visa prior to traveling to Canada. They may request admission as Business Visitors at the port of entry. All other nationals requiring a visa must obtain one from the Canadian Embassy or Consulate with jurisdiction over their usual place of residence prior to traveling to Canada. These applications may be adjudicated on the same day. However, applications for certain nationals will be referred to Canada for approval and visas will not be available for 5-10 business days.
Maximum Period of Stay as a Business Visitor
Typically, a Business Visitor is admitted to Canada for a period of up to 6 months. Visa holders may extend their visitor status in Canada for up to an additional 6 months providing their activities in Canada are consistent with their visitor status.
STUDY PERMITS
To study in Canada, you may need a study permit or a temporary resident visa, though not everyone must have these documents. Before you can apply for a study permit, you must have been accepted at a recognized school, university or college in Canada.
You may request citizenship five years after you first obtain your temporary DNI or two years after you obtain your permanent DNI. Whether you get a temporary or permanent DNI depends on what visa you apply for. For most people it will take five years before you can obtain citizenship. However, if you qualify for a permanent DNI right away, the wait time can be shortened to two years.
Unlike many other nations, obtaining citizenship in Argentina is relatively straightforward. The first step is to obtain your visa, which will allow you to live in the country for one year on a temporary residence permit. When the year has expired, the visa can be extended for an additional year. At the end of the second year, the visa can be extended again for another year. At the end of the third year, you can extend the visa again and receive permanent residency. At this point you will be legally entitled to reside in the Argentina permanently. Two years after receiving your permanent residency, you may apply for citizenship.
What is a DNI? Do I need one?
A DNI is an Argentinian national identity document. It is a small book, about half the size of a passport, and includes vital information about your identity, including a unique number that identifies you. This DNI number is the rough equivalent of the social security number in the United States.
DNI numbers are requested by all utilities when establishing a new service, by property managers when you rent an apartment, and by merchants when requesting identification during large purchases. When two parties enter into a contract, each party’s DNI number is included in the contract, as proof that the parties wished to enter into a contractual relationship. A DNI is necessary to establish a local bank account and receive money transfers from abroad.
Additionally, someone who establishes residency is legally required to obtain a DNI within 90 days of entering Argentina under your new visa. Practically, you will want to obtain your DNI as soon as possible after you arrive. You cannot begin to integrate yourself into Argentine society or conduct business if you do not have a DNI.
D.N.I. stands for Documento Nacional de Identidad, i.e. National Identity Document. If you’re going to be in Argentina for any length of time you’ll soon realize that life is much, much easier with a D.N.I. You’ll be asked for it on loads of occasions, such as:
- applying for services (such as phone, internet, electricity, etc.)
- purchasing anything with a credit card
- purchasing anything requiring delivery
- making travel arrangements within Argentina (higher prices without a DNI)
- enrolling in courses
- trying to open a bank account
and so on…
NOTE: The following information is for people living in the Ciudad Autónoma de Buenos Aires. If you’re living elsewhere in Argentina then you should contact your local Registro Civil.
1. Gather your documents
You’ll need the following documents in order to apply for a D.N.I.:
- Original certified birth certificate which has an apostille or has been legalized by an Argentinian consul in your country of birth. This must be translated into Spanish by a registered national public translator and verified by the Colegio de Traductores Públicos.
- Your residence certificate as issued by the national immigration office (e.g. your Radicación temporaria or Radicación permanente.)
- A document issued by your local police authority which states your current residential address (Certificado de Domicilio)
- 2 passport photos (you can get these done at the DNI office though you may have to queue and the quality there isn’t very good).
2. Make a photocopy of everything
Though photocopies may not be required when applying for a D.N.I., government offices in Argentina are notorious for requesting photocopies of just about everything, so it’s better to have them ready just in case.
3. Go to the central D.N.I. office
Argentinians can request a D.N.I. from several offices throughout the city but foreigners are required to apply from the central office of the Registro Nacional de las Personas (located at 25 De Mayo 155). Be sure to go early - initial applications are normally only accepted in the morning and as with other trámites in Argentina there can be long queues and limits on the number or applications accepted per day.
4. Join the queues
Unless things have since changed, the process at the D.N.I. office goes something like this (it took me 5 hours!):
- Queue outside until the guard allows you to enter the building.
- Grab a number then join a seated queue on the entrance floor and wait until your number is called.
- Have your documents looked over and if they’re okay you’ll be given a different colored number and you can proceed downstairs, else come back another day.
- Join the first downstairs queue and wait for your number to be called.
- Have your documents looked over again (by someone more knowledgeable?) and if they’re ok you’ll be given another number so you can proceed to the second downstairs queue, if not - you get to go home, correct the problems and return another day…
- Go and pay the application fee at the cashier and also get your photos done while you’re waiting if you haven’t brought any with you.
- Wait for your number to be called then present your documents to the public servant who calls you over.
- Read things, sign things, give your fingerprints, etc., then you’ll be given a piece of paper stating that your D.N.I. application is in process. You’ll be told to wait 3 to 4 months before coming back to collect your D.N.I.
- Go home and feel good that your D.N.I. application is in process (sitting on a shelf somewhere for 3+ months…)
5. Go back to the D.N.I. office
Once 3 to 4 months have passed, go back to the Registro Nacional de las Personas in the afternoon along with the piece of paper they gave you with your application number on it.
- Present your paper to the guard outside then the public servant inside (after waiting in line, of course) and, if your D.N.I. is ready, you’ll be allowed to proceed downstairs.
- Wait for your name to be called, present your paper and second passport photo, verify that your details have been written into the D.N.I. correctly then sign and fingerprint it and sit down again while another officer authenticates and authorizes everything.
- When your name is called again, you’ll be able to collect your spanking new D.N.I.
Congratulations!