The right of residence of the children of French nationals remains a sensitive issue, despite well-established legal guarantees. In 2025 again, refusals based on questionable grounds thwarted family projects. Administrative justice, fortunately, can restore fundamental rights.
The facts
Our client, a young Mauritanian national, applied for a long-stay visa to join her father, who had recently become a French citizen by naturalisation. The conditions set by law were met:
- filiation was established;
- she was under 21;
- she demonstrated her wish to live with her parent in France.
The refusals
The French consulate refused the visa on two classic but insufficient grounds: the documents would be “incomplete or unreliable” and the conditions of stay in France would not be satisfactorily established.
A mandatory prior appeal was filed with the Commission de recours contre les refus de visa, which confirmed the refusal on a new ground: since the child was not mentioned in her father’s naturalisation file, the filiation would be doubtful.
The court’s decision
Our firm brought the case before the Administrative Court of Nantes. At the hearing, we emphasised:
- the legal and proven existence of the filiation;
- the child’s age (under 21) at the time of the application;
- the irrelevance of the argument based on the naturalisation file: naturalisation neither creates nor erases filiation, only civil status establishes it;
- the harm done to the right to a normal family life.
The court found that the conditions set by article L. 411-1 of the CESEDA were met, that the administration had not produced any serious evidence calling the application into question, and that the refusal disproportionately infringed the applicant’s right to live with her father. The refusal was annulled.
What to remember
- The Commission can substitute a new ground for that of the consulate; the appeal must answer every ground.
- An omission in an earlier administrative file is not proof of fraud.
- The child of a French national has strong guarantees, which the courts enforce.
Read also: Parent of a French child: visa and residence rights.
Need help with your case?
FATOU BABOU AVOCAT assists individuals, families and companies with visas, family reunification, residence permits and appeals against refusals, before consulates, prefectures and courts.
- Bordeaux office: 11 rue Galin, 33100 Bordeaux, France – +33 9 85 40 18 64 – contact@legalfb-avocat.fr
- Dakar office: 14 rue Woro Fila, Fann Hock, Dakar, Senegal – +221 77 173 69 05 / +221 33 844 29 16 – contact@fbavocat-sn.com
- Book an appointment online
This article is for general information only and does not constitute legal advice. Rules, amounts and deadlines change regularly: always have your own situation checked by a lawyer.