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Expulsion of a foreigner from France

Verified 22 October 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Expulsion is an administrative measure aimed at removing a foreigner national from the territory. It is pronounced in very serious situations, linked to the protection of public order or in the event of an infringement of State security. It is taken by the prefect or by the interior minister. The foreigner may be forcibly returned to his country of origin or to another country. The procedure is exceptional, circumscribed and must be justified.

You are affected if:

  • you are a foreigner and live irregularly in France,
  • and you represent a serious threat to public order.

The threat is assessed by the administration according to your behavior: violence, drug trafficking, incitement to terrorism, etc. It is not necessary to have been subjected to a criminal conviction.

Exceptions exist for certain categories of nationals, who may benefit from relative protection.

Your private and family ties in France or your state of health may prevent you from being deported. But your private and family ties in France, or your state of health, do not fully protect you from expulsion. It's still possible, and it's proportionate to the threat you represent.

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Resident in France since age 13

The foreigner habitually resident in France since the age of 13 (or less, for example foreigners who arrived in France as children at the age of 5) benefits from so-called protection almost absolute.

The shield may be removed. Indeed, the foreigner may be expelled, but only in the following cases:

  • Conduct that is terrorist or that undermines the fundamental interests of the State
  • Acts of deliberate incitement to discrimination, hatred or violence against a person or group of persons
  • Offenses committed by the foreigner against his family (attempted murder, severe violence, etc.)

Resident in France for more than 10 years

General case

Foreigners who have been present in France for more than 10 years with a valid residence permit benefit from so-called protection relative. This protection does not apply if the only residence permit he has held during these 10 years is a "student" residence permit.

The protection may, however, be withdrawn. Indeed, the foreigner can be expelled if

  • of imperative need for State security or public security
  • imprisonment or a final sentence of 5 years or more of
Married to a Frenchman

A foreigner who has been legally resident in France for more than 10 years and who has been married to a Frenchman for at least 4 years shall be entitled to almost absolute. Her husband must have retained French nationality.

The foreigner must not be polygamous. The community of life must always be effective.

The shield may be removed. Indeed, the foreigner may be expelled, but only in the following cases:

  • Conduct that is terrorist or that undermines the fundamental interests of the State
  • Acts of deliberate incitement to discrimination, hatred or violence against a person or group of persons
  • Offenses committed by the foreigner against his family (attempted murder, severe violence, etc.)
Parent of a French child

A foreigner who has been legally resident in France for more than 10 years and the father or mother of a minor French child residing in France is entitled to so-called almost absolute. They must be non-polygamous and contribute to the maintenance and education of their child since birth or for at least 1 year.

The shield may be removed. Indeed, the foreigner may be expelled, but only in the following cases:

  • Conduct that is terrorist or that undermines the fundamental interests of the State
  • Acts of deliberate incitement to discrimination, hatred or violence against a person or group of persons
  • Offenses committed by the foreigner against his family (attempted murder, severe violence, etc.)

Resident in France for more than 20 years

The foreigner who has been legally resident in France for more than 20 years benefits from so-called protection almost absolute.

The shield may be removed. Indeed, the foreigner may be expelled, but only in the following cases:

  • Conduct that is terrorist or that undermines the fundamental interests of the State
  • Acts of deliberate incitement to discrimination, hatred or violence against a person or group of persons
  • Offenses committed by the foreigner against his family (attempted murder, severe violence, etc.)

Resident in France for less than 10 years

Married to a Frenchman

A foreigner who has been married for at least three years to a Frenchman who has retained French nationality is entitled to so-called protection relative. The foreigner must not be polygamous. The community of life between spouses must always be effective.

The protection may, however, be withdrawn. Indeed, the foreigner can be expelled if

  • of imperative need for State security or public security
  • imprisonment or a final sentence of 5 years or more of
Parent of a French child

The father or mother of a minor French child residing in France shall enjoy so-called protection relative. They must be non-polygamous and contribute to the maintenance and education of their child since birth or for at least 1 year.

The protection may, however, be withdrawn. Indeed, the foreigner can be expelled if

  • of imperative need for State security or public security
  • imprisonment or a final sentence of 5 years or more of

Person ill or injured at work

Accidents at work

The foreigner accident at work in receipt of a French pension for an occupational disease or an incapacity equal to or greater than 20% shall be protected by relative.

The protection may, however, be withdrawn. Indeed, the foreigner can be expelled if

  • of imperative need for State security or public security
  • imprisonment or a final sentence of 5 years or more of
Untreatable disease in the country of origin

A sick foreigner habitually residing in France and suffering from a disease which cannot be treated in his country of origin shall enjoy so-called protection almost absolute.

The shield may be removed. Indeed, the foreigner may be expelled, but only in the following cases:

  • Conduct that is terrorist or that undermines the fundamental interests of the State
  • Acts of deliberate incitement to discrimination, hatred or violence against a person or group of persons
  • Offenses committed by the foreigner against his family (attempted murder, severe violence, etc.)

Please note

a minor may not be subject to expulsion. However, he may be removed with his parents if they are both deported.

The decision is taken by the prefect of the foreigner's place of residence. We're talking aboutprefectural expulsion order (EPA).

In some cases, however, only the Minister of the Interior is responsible:

  • Absolute urgency (for example, if the person may be committing terrorist attacks)
  • Protected foreigner.

This is calledministerial expulsion order (AME).

Except in cases of absolute urgency, the prefect or the interior minister must summon you before a commission before taking his decision.

You must be informed by a special bulletin summoning you to be heard before an expulsion board (Comex). This newsletter is notified at least 15 days before the commission meeting, either by a policeman at your home or in prison.

The following information shall be communicated to you:

  • Facts on which your expulsion procedure is based
  • You can present yourself alone or with advice (lawyer or any person of your choice)
  • You can be heard with an interpreter before the commission
  • You can ask legal aid
  • You can ask for the expulsion board meeting to be postponed for a legitimate reason
  • You have the right to have your file disclosed and to present a defense
  • Remedies against the order, if it is issued.

You're heard by Comex. It must give its opinion on the file within one month of the date of the summons. This notice must be accompanied by a detailed explanation, it is said that it must be motivated , therefore made explicit in law and in fact.

When you or your lawyer request the postponement of the meeting for a legitimate reason, Comex extends this period by a maximum of one additional month.

The opinion of Comex is communicated to you. It is also communicated to the prefect or interior minister and is not binding on them (they are not obliged to follow him).

If an expulsion decision is taken, you can be forcibly returned from France, unless a court order prohibits it.

Please note

if Comex has not delivered its opinion within the deadline, the prefect or the minister must inform you. However, the prefect or the minister may make his decision, even if Comex does not give his opinion.

If an expulsion decision is taken, the foreigner is forcibly returned from France. The decision shall specify whether the expulsion is immediate or deferred with house arrest.

Execution of the measure

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Immediate expulsion

The expulsion order may be executed immediately, even if an appeal is lodged. The foreigner may, for example, be deported as soon as he is released from prison or after being arrested at home.

The foreigner may be forced to board a means of transport (plane, train, boat, etc.) and be under police escort for the entire journey.

It can also be placed in a detention center during the organization of his return.

His residence permit is withdrawn.

If the foreigner is imprisoned, he is deported at the end of his prison sentence.

House arrest (deferred expulsion)

In some cases, instead of being directly deported, the foreigner may be placed under assigned residence in France. He must then remain in a place designated by the administration. This place isn't necessarily his home.

Deferred deportation with house arrest applies in one of the following cases:

  • The life or freedom of the foreigner is threatened in his country of origin (application of the death penalty, etc.). Or he is exposed in his home country to torture, inhuman or degrading treatment or punishment. The summons is issued until expulsion is possible.
  • The foreigner cannot travel to his country (ongoing conflict) or to another country (no admission agreement in the requested countries). The summons is then issued until expulsion is possible.
  • The foreigner is seriously ill, without appropriate treatment in his country of return. A provisional work permit is then issued. There is no time limit for this house arrest.
  • The foreigner belongs to one of the categories of foreigners enjoying relative protection. He may then receive a provisional work authorization. The summons may be canceled at any time if he commits further disturbances of public order. The foreigner will then be directly expellable.

In all cases, the foreigner must report regularly to the police or gendarmerie. Otherwise, he could be sentenced to 1 year in prison.

Country of return

When the expulsion order is executed, the foreigner is returned to one of the following countries:

  • Country of nationality (unless granted refugee status or subsidiary protection)
  • Country which issued him a valid travel document
  • Any other country in which he may lawfully reside, with the agreement of that State

The deportation order has the effect of to prohibit return to France foreigner.

He will only be able to return to France in one of the following situations:

  • The measure is canceled as of a given date
  • It is canceled as if it had never existed (in this case we are talking about a abrogation).

Appeals against the expulsion order are possible, but they do not prevent the expulsion from being carried out.

You can appeal to the administrative judge for annulment. You can also directly ask the administration to end its decision for the future.

The measure will also be automatically reviewed every 5 years by the administration.

Actions for annulment before the Administrative Court

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You're abroad

Expulsion ordered by the prefect

You must file your appeal in a maximum period of 4 months after the notification of the expulsion order, before the administrative court of your former place of residence or imprisonment.

Who shall I contact

You can file your appeal on your own or have a lawyer assist you.

Who shall I contact

You may, under certain conditions, benefit from legal aid.

If your appeal is rejected by the court, you can appeal to the administrative court of appeal within a maximum of 2 months following the notification of the judgment.

Expulsion ordered by the Minister of the Interior

You must file your appeal, in a maximum period of 4 months after the notification of the expulsion order, before the Paris Administrative Court.

Who shall I contact

You can file your appeal on your own or have a lawyer assist you.

Who shall I contact

You may, under certain conditions, benefit from legal aid.

If your appeal is rejected by the court, you can appeal to the administrative court of appeal within a maximum of 2 months following the notification of the judgment.

You are in France

Expulsion ordered by the prefect

You must file your appeal, in a maximum period of 2 months after the notification of the expulsion order, before the administrative court of your place of residence or imprisonment.

Who shall I contact

You can file your appeal on your own or have a lawyer assist you.

Who shall I contact

You may, under certain conditions, benefit from legal aid.

If your appeal is rejected by the court, you can appeal to the administrative court of appeal within a maximum of 2 months following the notification of the judgment.

Expulsion ordered by the Minister of the Interior

You must file your appeal, in a maximum period of 2 months after the notification of the expulsion order, before the Paris Administrative Court.

Who shall I contact

You can file your appeal on your own or have a lawyer assist you.

Who shall I contact

You may, under certain conditions, benefit from legal aid.

If your appeal is rejected by the court, you can appeal to the administrative court of appeal within a maximum of 2 months following the notification of the judgment.

Actions for abrogation before the administration

You can also request that the deportation order be rescinded in the future. That's what we call it repeal. This is possible even if you have already filed an appeal before the administrative tribunal and it has failed.

If you file your application more than 5 years after your expulsion, the administration must refer the case to the expulsion commission (Comex). You can get a lawyer to represent you.

You're abroad

Expulsion ordered by the prefect of the department

You must send a written request to the prefect.

Your request is refused if the administration has not replied within 4 months or if the administration so requests notify.

Expulsion is upheld, you cannot return to France.

Your request is accepted if the administration notifies you.

If your deportation order is canceled for the future, you can apply for a visa to return to France in order to obtain a residence card.

Who shall I contact

In case of refusal, you can file an appeal before the administrative court of your former place of residence or imprisonment.

Who shall I contact

Expulsion ordered by the Paris Police Commissioner

You must send a written request to the prefect.

Your request is refused if the administration has not replied within 4 months or if the administration so requests notify.

Expulsion is upheld, you cannot return to France.

Your request is accepted if the administration notifies you.

If your deportation order is canceled for the future, you can apply for a visa to return to France in order to obtain a residence card.

Who shall I contact

In case of refusal, you can file an appeal before the administrative court of your former place of residence or imprisonment.

Who shall I contact

Expulsion ordered by the Minister of the Interior

You must send a written request to the Minister of the Interior.

Your request is refused if the administration has not replied within 4 months or if the administration so requests notify.

Expulsion is upheld, you cannot return to France.

Your request is accepted if the administration notifies you.

If your deportation order is canceled for the future, you can apply for a visa to return to France in order to obtain a residence card.

Who shall I contact

In case of refusal, you can file an appeal before the administrative court of Paris.

Who shall I contact
You are in France

If you are at large, you must file your appeal in a maximum period of 2 months following the notification of the deportation order.

If you're in prison or under house arrest, you don't have a time limit.

Expulsion ordered by the prefect of the department

You must send a written request to the prefect.

Your request is refused if the administration has not replied within 4 months or if the administration so requests notify.

Expulsion is upheld, you cannot return to France.

Your request is accepted if the administration notifies you.

If your deportation order is rescinded for the future, you will not be forcibly deported. However, you must obtain a residence permit to stay in France for a long time.

Who shall I contact

In case of refusal, you can appeal to the administrative court of your place of residence.

Who shall I contact

Expulsion ordered by the Paris Police Commissioner

You must send a written request to the prefect.

Your request is refused if the administration has not replied within 4 months or if the administration so requests notify.

Expulsion is upheld, you cannot return to France.

Your request is accepted if the administration notifies you.

If your deportation order is rescinded for the future, you will not be forcibly deported. However, you must obtain a residence permit to stay in France for a long time.

Who shall I contact

In case of refusal, you can appeal to the administrative court of your place of residence.

Who shall I contact

Expulsion ordered by the Minister of the Interior

You have to send a written request to the minister.

Your request is refused if the administration has not replied within 4 months or if the administration so requests notify.

Expulsion is upheld, you cannot return to France.

Your request is accepted if the administration notifies you.

If your deportation order is rescinded for the future, you will not be forcibly deported. However, you must obtain a residence permit to stay in France for a long time.

Who shall I contact

In case of refusal, you can file an appeal before the administrative court of Paris.

Who shall I contact

Automatic review of expulsion order

The administration must systematically review your deportation order every 5 years. The administration must do so on its own without any action on your part, even if you have already filed actions for abrogation or annulment.

The review shall take into account the following:

  • Evolution of the threat to the public order that you represent
  • Changes in your personal situation
  • Your guarantees of professional or social reintegration

If you do not receive a decision to repeal, the deportation order is upheld (implied refusal). The refusal can also be explicit: you then receive a decision clearly indicating that the administration will not repeal your expulsion order.

You can seek annulment of a refusal to repeal an express or implied decision by bringing the matter before the administrative court.