Admission to stay for marriage candidates
Foreigners can once again enter France to get married in a decision dated April 9, 2021, the Council of State (Conseil d’Etat) suspended the ban on individuals wishing to marry in
France with a French person from entering the country. These individuals had initially been excluded from the right to enter France through Circular No. 6245/SG dated February 22,
2021. This circular had established a specific list of people allowed to enter the territory, and marriage candidates had not been admitted.
People wishing to formalize their marriage in France were then not allowed to enter, even if they had a short-stay visa, or even in the presence of the publication of banns and the
issuance of a non-opposition certificate.
These measures were an extension of the restrictions adopted as early as March 2020. As a result, no entries had been allowed for these individuals between March and September
2020. However, 331 laissez-passers were issued between September 21, 2020, and March 31, 2021, leading the Council of State to suspend this circular based on a
disproportionate infringement on the freedom to marry. The emergency judge of the Council of State believes that, given the current health context, the Prime Minister can
expressly define the category of people allowed to enter French territory. However, this restriction is not proportionate, particularly because of the low number of couples affected
and the absence of significant consequences of this on the health context (Council of State, April 9, 2021, No. 450884).