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When protection is granted, a “family reference form” is sent to the beneficiary of international protection by OFPRA, either with the OFPRA protection decision or later, notably when protection has been granted by the CNDA.
Upon receipt of the family reference form duly completed, signed by the beneficiary of international protection and sent by post, OFPRA begins its process for the drawing up of the civil status documents. The time limit for issuing these documents is 3 months, insofar as possible. For 2021, OFPRA reported a 8 months average time for delivering those documents. However, this is only an average and some beneficiaries of international protection wait much longer for their documentation. OFPRA prioritises the issuance of civil status documents for some categories of persons, for instance unaccompanied children, girls at risk of FGM and relocated refugees.[1] Additional resources have been allocated to this mission of OFPRA, but this has not yet produced a significant effect in a context of increasing asylum claims.
OFPRA considers the potential documents provided by the beneficiary of international protection in their asylum application file if any, namely foreign civil status documents, identity or travel documents (national identity card, passport). However, the beneficiary need not have these documents. Statements of the beneficiary when filing their application for asylum, during the interview at OFPRA and on the family reference form, are also taken into account.
The personal status of the beneficiary of international protection will be ruled by the laws of their country of origin for all rights acquired before the granting of international protection. For instance, a prior religious marriage will be valid in France if the national law of the person considered it as official, even though French law does not recognise this type of union. By way of exception, French law will apply to acts prior to the recognition of international protection in two cases: (a) French law prevails in case of a right contrary to French public order e.g. polygamous marriage; and (b) same sex marriage will automatically be recognised pursuant to French law, even if not recognised under the law of the country of origin.
French law applies to all events subsequent to the granting of international protection. The beneficiary may therefore marry, enter into a civil union (PACS) or divorce according to French law.[2]
[1] OFPRA, 2017 Activity report, 56.
[2] OFPRA, Guide of procedures, available in French at: https://bit.ly/40dlrjd.