Décision de justice

Binational marriages: authorisation to enter France to get married must be granted

Several binational couples and an association have asked the Conseil d'État's urgent applications judge to add marriage to the compelling reasons for entering France. The urgent applications judge found that the impact of such movements on the country's health situation was limited. The judge thus noted that not being able to enter France to marry a Frenchman or woman was a disproportionate infringement of the freedom to marry. For these reasons, the judge urges the administration to modify the rules in force to remove these obstacles.

To deal with the COVID-19 epidemic, the Prime Minister took measures to limit travel, particularly from abroad, in a circular dated 22 February 2021.

Although these measures do not formally prohibit foreigners from outside the European Union from entering France to marry a Frenchman or woman, very few visas are actually issued. These foreigners are thus prevented from entering France and performing a ceremony that is scheduled to take place soon.

The Conseil d'État's urgent applications judge ruled that these movements concern a small number of couples and can only have a limited impact on the health situation in France, especially as the requirement for a negative PCR test remains in place. The judge therefore found that this is therefore a disproportionate infringement of the freedom of marriage.

> Read French Ordinance No. 450884

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