Judge Rules Third-Country Citizens Must Be Permitted to Enter France to Marry Their French Partner

A judge of the French Council of State has decided to suspend a decision of the Prime Minister, which prevents all third-country citizens from applying for a visa to France, under the purpose of marrying a French Citizen, as the order prevents these persons from entering for the same purpose.

The decision has been taken after on March 21, a group of French citizens asked a judge of the Council of State to make the purpose of marrying a French citizen a compelling reason for being exempt from the entry measures, which have put at a halt visa processing.

Among others, the binational couples and an association supporting the requests of these couples have asked for a compensation of €4,000, noting that the applicants have been separated for several months from their future spouse, which has made it difficult for them to lead a normal private and family life.

“…in view of the failure to issue a visa, they cannot realize their matrimonial project even though they have started long and tedious steps to be authorized to marry, which infringes the freedom of marriage, fundamental freedom,” the applicants said, claiming that some weddings are scheduled for next May, and others have had to be postponed, sometimes repeatedly.

The judge, who has sided with the couples, had concluded that the impact of such persons entering the country on the health situation of the country is limited.

Explaining the judge’s decision, in a press release, the Council of State notes that the judge has suspended the execution of the Prime Minister’s order of February 22, 2021.

“… not being able to enter France to marry a French person disproportionately infringes the freedom of marriage. For these reasons, he urges the administration to modify the rules in force to remove these obstacles,” the press release notes.

The judge has also ruled that the State will pay a total sum of 4,000 euros to the applicants under the provisions of Article L. 761-1 of the Code of Administrative Justice.

“The Minister of the Interior is ordered to order the consular authorities to systematically register and investigate visa applications with a view to marrying a French person in France,” the court has ruled.

France has reopened its borders for unmarried partners from third-countries who have their other half in France in August 2020, after an intensive campaign of couples on social media as Facebook and Twitter under the hashtags #LoveIsNotTourism & #LoveIsEssential.

Since then, the country has been accused of asking for “unrealistic requirements” and making it “impossible” for couples to meet, despite the exemption.