Algerian Nationals: Residence permits and French Citizenship
1968 Franco-Algerian Agreement, residence certificates, French nationality applications (Certificats de nationalité française)
The residence rights of Algerian nationals in France are not governed by the Code on the Entry and Residence of Foreign Nationals and the Right of Asylum (CESEDA). They are governed by a specific legal instrument: the Franco-Algerian Agreement of 27 December 1968. El Haitem ◆ Law handles cases under the Franco-Algerian Agreement on a daily basis.
A Distinct Legal Framework
The residence rights of Algerian nationals in France are not governed by the Code on the Entry and Residence of Foreign Nationals and the Right of Asylum (CESEDA). They are governed by a specific legal instrument: the Franco-Algerian Agreement of 27 December 1968 on the movement, employment, and residence of Algerian nationals and their families in France (published by Decree No. 69-243 of 18 March 1969), as amended by three subsequent protocols, the most recent signed in Paris on 11 July 2001 (Decree No. 2002-1500 of 20 December 2002).
This agreement establishes a comprehensive derogatory regime, with its own categories of permits, conditions, and terminology. Prefectures are required to apply it in place of the CESEDA for all matters relating to the residence of Algerian nationals covered by the agreement. In practice, this specific framework is a source of complexity—including for the administration itself—and frequently leads to errors in processing applications.
El Haitem ◆ Law handles cases under the Franco-Algerian Agreement on a daily basis. This specific expertise allows the firm to identify legal errors made by prefectures and to prepare applications that fully comply with the requirements of this unique framework.
The Residence Certificate: A Specific Status for Algerian Nationals
Algerian nationals do not receive a standard residence permit, but a residence certificate, governed by rules distinct from those applicable to other foreign nationals.
One-year residence certificate
- Private and family life - spouse of a French national, parent of a French child, personal and family ties in France
- Employee - subject to a work permit, under specific conditions set out in the agreement
- Student - for higher education in France, with specific rules regarding employment rights (limited to 50% of annual working time, compared to 60% for other foreign students)
- Visitor - without the right to work
- Self-employed / business activity - for commercial, industrial, or professional activities
Ten-year residence certificate
- After three years of lawful residence in France with sufficient resources
- To the Algerian spouse of a French national after one year of marriage
- To parents of French children
- After ten years of lawful residence
What the Agreement Does Not Provide
Certain residence categories under the CESEDA do not apply to Algerian nationals, including the Talent Passport and the job-seeker or business creation permit. Algerian nationals are not eligible for these permits, which is a frequent source of litigation.
The firm analyses each situation to determine the applicable rights and, where appropriate, challenges decisions based on incorrect application of the legal framework.
Regularisation of Algerian Nationals in an Irregular Situation
The agreement provides for specific pathways to regularisation. Conditions for regularisation through employment, marriage, or private and family life may differ from those applicable under general immigration law. The firm prepares applications based on the precise provisions of the agreement and relevant administrative case law.
Family reunification
Article 4 of the agreement, as amended by the third protocol of 11 July 2001, sets out specific conditions for family reunification for Algerian nationals: stable and sufficient resources, adequate housing, and at least one year of residence in France (instead of 18 months under general law). “On-site” family reunification-where the spouse is already in France-is subject to specific conditions that the firm is familiar with and regularly handles.
French Citizenship and Algeria: A Historical Legacy
As Algeria was a French territory until independence in 1962, the question of French citizenship for individuals born in Algeria before that date—or for their descendants—is a complex legal issue affecting a large number of families.
Citizenship by Origin
- Individuals under civil status governed by French law (formerly “French civil status”) who retained their domicile in France or in a territory that remained French retained French citizenship as of right
- Individuals under local civil status (formerly “Muslim civil status”) generally lost French citizenship on 1 January 1963, unless they made a formal declaration recognising French nationality within the prescribed time limits
These distinctions, rooted in colonial history, continue to produce legal effects today and determine whether individuals born in Algeria before 1962-or their descendants—may claim French citizenship by descent.
French Nationality Certificate (CNF)
Proof of French citizenship is established through the issuance of a French nationality certificate (CNF) by the competent judicial court. In cases relating to Algeria, obtaining a CNF requires reconstructing family history, gathering historical civil status documents—often difficult to obtain—and establishing a clear chain of descent from the individual originally holding French citizenship. The firm handles these complex cases:
- Legal analysis of the situation under applicable nationality law (including the Ordinance of 21 July 1962 and the Civil Code)
- Reconstruction of family lineage and collection of civil status records (birth certificates, marriage certificates, supplementary judgments)
- Preparation and submission of the CNF application
- Appeals in the event of refusal before the judicial court
Reinstatement of French Citizenship
Individuals of local civil status who lost French citizenship in 1963—and, in certain cases, their descendants—may be eligible to apply for reinstatement of French citizenship, subject to specific conditions.
The firm assesses eligibility and assists throughout the procedure.
Are You an Algerian National or a Descendant of Individuals Born in Algeria Before 1962?
An initial consultation allows for a detailed assessment of your situation and determination of your rights—under the Franco-Algerian Agreement or French citizenship law. The firm provides services in both French and English.