Retired Britons in France rejected for citizenship over foreign income – what you can do
More readers speak of hardline approach taken on applications
Interior Minister asked for a strict attitude on issues including ‘integration by work’ and sources of income
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Two more retired readers have told of how they have been rejected for French citizenship on grounds of having insufficient income from France. We look at a possible way to improve chances of success.
The reports are further evidence of the hardline approach being taken by many prefectures.
It follows a circular sent by the interior minister in May, in which he asked for a strict attitude on issues including ‘integration by work’ and sources of income.
He said “apart from exceptions” prefects should reject applicants whose income is mostly from abroad, stating: “This shows they have not totally transferred the centre of their interests to France”.
Depending on the format of the rejection, appeals are possible, as is a new application after a certain period, to show improved circumstances.
One reader has asked if moving most of his investments to France could improve his chances.
The answer is yes, if it makes a substantial difference to the proportion of your income that derives from France, especially if you have had a rejection specifying insufficient French-sourced income as the main reason (or your situation is such that you are at risk of this).
Notably, if you receive notification of 'ajournment' of your application, this gives time (two years, for example) in which to seek to 'improve' your situation, before you may reapply showing this.
This would be enough time to cash in foreign investments and instead put money into French structures.
It may in this case be useful to look at ones liable to give a regular income, ideally also declarable on your tax return.
So, perhaps not assurance vie (which is a long-term investment) or tax-free accounts such as a Livret A (though you could show interest using bank statements), but rather ordinary comptes sur livret bancaires (non-regulated savings accounts), or a compte titres ordinaire shares account.
Regarding shares accounts, there is also the Plan d'épargne en actions, however, dividends and gains are tax-sheltered in this case as long as funds remain inside.
Investing in rental property is also a good option for regular declarable income. An 'indirect' way to invest in property is to buy shares in an SCPI, which distribute regular taxable income.
If an application is rejected outright, the only avenue is to appeal (intially to the Interior Ministry, then, if refused, to the administrative court of Nantes) - or to submit a fresh application after five years.
If appealing, you could argue (if relevant) that you have made significant changes to your financial situation, or if making a fresh application you can take care to highlight these elements.
We note however, that we have seen one rejection that referred partly to insufficient “professional integration”, a circumstance which it would be difficult to remedy unless, for example, you start a small business or find a part-time job (if your residency card allows this).
This was also a factor referred to by Mr Retailleau in his circular under an 'autonomy of the applicant heading', which included the comments about the origin of income.
Obtaining nationality is, however, not an automatic 'tick box' exercise, as there is always an element of discretion on the part of the prefecture and Interior Ministry, assuming the person does not have obvious legal disqualifying factors (such as not having lived in France for five years, if applying for naturalisation).
The applicant's overall situation should be considered, including any factors that show strong indications of good integration in France.