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France tightens ‘jus soli’ rules for children born in Mayotte to foreign parents

May 6, 2026
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France tightens ‘jus soli’ rules for children born in Mayotte to foreign parents
A decree published in France’s Official Journal on 5 May 2026 (Decree 2026-338) completes the legislative package that narrows automatic access to French nationality for children born in Mayotte. Under the new rules, **both** parents must have been in lawful residence for at least one year at the time of birth—up from the previous three-month requirement and applicable to only one parent. The measure follows a 2025 law aimed at curbing irregular migration to the Indian Ocean department, where the population has multiplied fourteen-fold in 70 years, largely through cross-border births.

France tightens ‘jus soli’ rules for children born in Mayotte to foreign parents


Businesses and families reviewing their immigration options may find it useful to engage a specialist aggregator: VisaHQ, for example, provides step-by-step support with French residency and travel documentation—including the newly recognised multi-year permits—and can streamline application logistics worldwide. Full details are available at https://www.visahq.com/france/

An accompanying ministerial order updates the list of residence documents that parents can present, adding multi-year seasonal-worker cards and EU-family cards, while requiring biometric passports for identity proof. The Interior Ministry argues the tougher conditions will deter ‘birth tourism’ and relieve pressure on social services. Critics counter that it introduces a two-tier nationality regime within French territory and risks statelessness if parents cannot maintain regular status for the full year. Global employers with bases in Mayotte or neighbouring Comoros should note that staff on short-term permits will no longer meet the continuity test if a child is born during assignment. HR teams must review family-planning advice and, where necessary, arrange for earlier or alternative regularisation pathways.

French Visas & Immigration Team @ VisaHQ

VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.

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