Why is France so worried about polygamy?

Local France

2 days ago

If you want to become a French citizen or a long-term resident, there is a - perfectly reasonable - requirement to have a criminal record that is clean of any major offences.
Polygamy is illegal in France, so trying to get married here to more than one person at the same time would likely disqualify you - but you might also be rejected if you have an entirely legal polygamous marriage in one of the countries that do formally recognise the practice.
You may think that this doesn't sound like a particularly big issue, but polygamy has repeatedly become something of a 'culture war' issue in France.
Let's clarify what we're talking about here - polygamy is not the same as bigamy. Bigamy is illegally marrying when you are already married (and have not divorced). It is a punishable offence that can lead to one year in prison and a fine of €45,000.
Polygamy is the practice of having multiple spouses, usually living in the same home.
It's not legal in most Western countries, but it is a part of the legal framework in many parts of North and West Africa, including Senegal and Mali, as well as in some countries in the Middle East.
In those countries, people can get a marriage certificate stating that they have opted for a polygamous marriage regime, instead of a monogamous one. All of their legal spouses would then benefit from things like inheritance laws or pensions.
Citizenship
Being in a polygamous marriage - even if that is perfectly legal in your home country - can be a reason to be denied citizenship in France, even if you meet all the other criteria.
Advertisement
In a recent post in a popular Facebook group for foreigners seeking French nationality, one poster complained he had been denied citizenship because he opted for a polygamous marital regime in his home country.
The poster included his letter of rejection, which stated: "You opted for a polygamous marriage regime at your marriage ceremony in your home country.
"Even though you are now monogamous, your choice casts doubt on your full assimilation into the French community because, given the length of your residence in France and your level of education, you cannot be unaware that polygamy is contrary to French law."
When it comes to applications by marriage,
French law
specifically states that "The situation of polygamy of the foreign spouse (...) constitutes a failure to assimilate."
READ MORE:
Are you 'integrated' enough to get French citizenship?
Residency
And it's not just citizenship - since the 1990s, polygamy has also been seen as a sign of a lack of integration and can be grounds for rejection for certain types of long-term residency permits.
If you are applying for the 10-year
carte de résident
(which people usually have to live in France for at least five years to qualify for) - and you are married and come from a country that authorises polygamy you will be asked to sign a
Déclaration sur l'honneur
stating attesting you do not live 'in a state of polygamy in France'.
Advertisement
It is also not possible to qualify for the
regroupement familial
visa if you are a polygamous spouse, and several residency statuses related to family (eg the 'family and private life' status for spouses of French citizens and long-term residents) require the applicant to not be polygamous.
That said, it is possible to qualify for certain short-term residency cards or visas that do not require any marriage-related documents as a polygamist, but there would likely be complications for long-term residency and citizenship.
It's also possible to have a religious marriage to more than one person, and live with more than one partner, but only the first spouse would have any kind of legal status in France.
Culture wars
Over the years, polygamy has been the basis of a surprising number of laws and political polemics in France, despite it not being widespread even in countries that do legally allow it.
During the 2005 riots in French suburbs, the now-president of the French Senate, Gérard Larcher (at the time employment minister), claimed that polygamy was a "possible cause of the riots".
It wasn't - the riots began after two young men died when they were chased into an electricity sub-station by police, an event that provided a spark in communities that had seen decades of tense relationships between police and locals.
Advertisement
A lot of the debate around polygamy began in the 1980s and 90s, as French society argued about foreign, polygamous families entering France via the 'family reunification' visa.
In 1993, the French government pushed for stricter immigration rules related to polygamy, making it impossible for polygamous spouses to qualify for the 'family reunification' (
regroupement familial
) visa.
Controversially, the government also changed the law to ban polygamists from acquiring the 10-year
carte de résident
.
However, this placed some immigrant women in precarious positions, as those in polygamous marriages were effectively forced to separate in order to qualify for the residency card upon renewal.
Eventually, the French government created specific housing benefits for women in polygamous marriages.
READ MORE:
Overstaying, working without a permit and polygamy - what can get you deported from France?