Obligation to leave France (OQTF)
Verified 11 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The decision on removal or the obligation to leave French territory is taken by the Prefect, in particular in the event of refusal to issue a residence permit or irregular stay in France. If you are concerned, it obliges you to leave France by your own means within 30 days. In limited situations, it can also force you to leave France without delay. A remedy is available.
30-day period
The concept of voluntary departure implies that you have to organize for your departure. But you must leave absolutely before the deadline set in order for the removal order to be executed.
You are affected by the OQTF within 30 days if you are in one of the following situations:
- You entered France irregularly (or in the Schengen area) and you have no residence permit
- You entered France regularly, but you stayed there beyond the validity of your visa (or, if you are visa-exempt, you stayed more than 3 months after entering France)
- Your receipt for application for a residence permit or your provisional residence permit has not been renewed or has been withdrawn
- Your residence permit has been withdrawn, refused or not renewed or you no longer have the right to remain in France
- You have not applied for renewal of your residence permit and have remained in France after its expiry
- You are an asylum seeker and your application for protection has been permanently rejected
- You represent a threat to public order and have been residing in France for less than 3 months
- You work without work permit and have resided in France for less than 3 months
Warning
other rules shall apply to the OQTF imposed on a foreigner who is a national of European country and his family members living in France with him.
However, the administration cannot force you to leave France if you are in any of the following situations:
- You are a minor (if your parents are subject to such a measure, you may be removed with them)
- You stay regularly in France for more than 20 years
- You have been staying regularly in France for more than 10 years (unless you have held a residence permit throughout this period student)
- You can justify by any means usually residing in France since you are a child (but you must not have started to reside there only from your 14th birthday)
- You have been married to a Frenchman for at least 3 years (your common life must not have ceased since your marriage and your husband must have retained French nationality)
- You have been living in France regularly for more than 10 years and have been married for at least 3 years to a foreigner who has been living in France for at least 13 years (you must not be a polygamist and your common life must not have ceased since your marriage),
- You are the father or mother of a minor French child residing in France (you must not be polygamous and must contribute to the maintenance and education of your child since birth or for at least 2 years),
- Accident at work You receive an annuity from a French organization for a permanent incapacity rate of minimum 20%
- You usually reside in France and your medical condition requires care in France, which you would not be able to access in the country of return.
Please note
if you have made a refugee claim, you cannot be removed before the final decision on your claim. However, you may be removed if the asylum application certificate has been refused, withdrawn or not renewed.
Communication of the decision
The decision is made by the prefect of your department (by the prefect of police, in Paris).
It's yours notified and must state the reasons on the merits, that is to say, set out the basis of the decision in law and in fact. Reasons are not, however, necessary in the event of refusal to issue, renew or withdraw your residence permit. The reasoning contained in the refusal or withdrawal decision (which is a different decision from the OQTF decision) is sufficient.
The decision also sets out the country to which you will be returned if you do not voluntarily leave France within the set deadline.
You can view the main elements of your case. Ask the prefecture for information on the procedures to access the file.
Who shall I contact
Who shall I contact
Who shall I contact
Warning
it is not possible to carry out the procedures in some sub-prefectures. Find out more on your prefecture's website.
Deadline to leave France
You have 30 free days, from the notification of the decision, to start from yourself.
You can request a aid for voluntary return.
Exceptionally, the prefect may extend this period if your situation justifies it (length of your stay in France, schooling of your children, etc.). You must make the request to the prefect who made the decision.
Conversely, this delay can be deleted by the prefect if your situation changes (for example, if you risk absconding). In this case, a new OQTF without delay is delivered directly to you (to the prefecture or by a police officer in particular during a withholding for verification of your right of residence).
During the period, the prefect may require you to appear up to 3 times a week in the prefecture or at the police station or gendarmerie.
You must inform the administration of your departure plans. Your passport or other identity or travel document may be withdrawn in exchange for a receipt. This receipt serves as proof of identity and indicates the time allowed for your departure.
End of 30 days
At the end of the 30-day period, you must have left France on your own.
If you are still in France after this period, you can be placed in detention centre or under house arrest. The prefect will notify one prohibition of return to France (IRTF).
The French administration will then organize your departure.
You are far away at destination:
- your country of origin (unless your life or liberty is threatened or you are exposed to torture, inhuman or degrading treatment or punishment),
- or the last country which issued you a valid travel document,
- or another country to which you may be legally admitted.
Subject-matter of the action
You can challenge the OQTF itself.
In addition, you can challenge any of the following ancillary measures:
- Refusal of residence permit (because you feel you can be regularized)
- Prohibition of return to France (IRTF)
- Decision on the country of return (for example, if you feel you are at risk in that country)
Time limit for lodging the appeal
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General case
The delay varies depending on the reason for the OQTF.
Situation | Time-limit for appeal |
|---|---|
You returned irregularly to France | 15 free days following the notification of the OQTF |
You stayed in France after the expiry of your visa (or more than 3 months after your entry into France if you are exempt from the visa requirement) | 15 clear days following OQTF notification |
You have not applied for the renewal of your residence permit and have remained in France after its expiry date | 15 clear days following OQTF notification |
Your asylum claim has been definitively rejected | 15 clear days following OQTF notification |
Your application for a residence permit or renewal has been rejected | 30 clear days following OQTF notification |
Your residence permit (including receipt or temporary residence permit) has been withdrawn | 30 clear days following OQTF notification |
You represent a threat to public order and have been residing in France for less than 3 months | 30 clear days following OQTF notification |
You work without a work permit and have resided in France for less than 3 months | 30 clear days following OQTF notification |
This period may be extended if it expires on a Saturday, Sunday or public holiday: it shall then end on working day next.
One ex gratia appeal to the prefect or a hierarchical appeal to the minister of the interior shall not extend that period.
In case of detention or house arrest
You must file your appeal within 48 hours that follow the notification OQTF.
FYI
the deadline is 48 hours where the prefect decides to abolish the period for voluntary departure before it expires.
Court having jurisdiction
The appeal must be lodged with the administrative court having territorial jurisdiction for the prefecture which took the expulsion decision.
If you are detained or placed under house arrest, the appeal must be filed with the administrative court on which the place of detention or house arrest depends.
Who shall I contact
FYI
the appeal at this stage is suspensive (you cannot be removed while the administrative court considers it).
Assistance of a lawyer
The presence of a lawyer is not mandatory. You can, however, be represented by a lawyer of your choice or ask the court to appoint one of your own motion.
Who shall I contact
FYI
you can benefit from legal aid to pay your lawyer's fees.
Instruction Delay
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General case
The administrative tribunal has a period of time that varies depending on the OQTF's reason.
The deadline is 6 weeks if you are in any of the following situations:
- You returned irregularly to France
- You stayed in France after your visa expired (or more than 3 months after entering France if you are visa-exempt)
- You have not applied for the renewal of your residence permit and have remained in France after its expiry date
- Your asylum claim has been definitively rejected
The deadline is 3 months if you are in any of the following situations:
- Your application for a residence permit or renewal has been rejected
- Your residence permit (including receipt or temporary residence permit) has been withdrawn
- You represent a threat to public order and have been residing in France for less than 3 months
- You work without a work permit and have resided in France for less than 3 months
In case of detention or house arrest
The appeal shall be heard by a single judge as a matter of urgency within a period of 96 hours.
This emergency procedure applies when the detention or house arrest was ordered at the same time as the OQTF. It also applies when the detention or house arrest was ordered after the OQTF (most often at the end of the 30-day voluntary departure period).
Decision of the court
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Decision annulled
The Administrative Court may annul the OQTF or one or more accompanying measures.
- If the OQTF is revoked, all other measures are terminated (decision refusing the period for voluntary departure, decision determining the country of return and possible prohibition of return, detention or house arrest). The prefecture then gives you a provisional residence permit, pending a review of your file.
- If it cancels the only return ban, your removal can continue but you can return to France with a valid visa.
- If he overturns the only decision setting the country of return, you can be placed under house arrest.
Decision confirmed
If the administrative court confirms the prefect's decision, you must leave France.
However, if you are unable to return to your country, a house arrest measure can be taken.
Challenge the court decision
You can appeal if your appeal is rejected. However, the call does not suspend OQTF execution. So you can be sent back to your country even if the appeal judge has not yet ruled.
The appeal period is 1 month from the notification of the court judgment.
It must be filed before the administrative court of appeal on which the court that issued the decision depends (the court concerned is indicated in the notification of the judgment).
Without delay
The decision obliges you to leave the territory very quickly, without delay, i.e. within 48 hours from the notification of the decision.
You are affected by the OQTF without delay if you are in one of the following situations:
- You are a threat to public order
- You are refused a residence permit for fraud or because your application is manifestly unfounded
- You might run away
You must leave France immediately by your own means.
Warning
other rules shall apply to the OQTF imposed on a foreigner who is a national of European country and his family members living in France with him.
However, the administration cannot force you to leave France if you are in any of the following situations:
- You are a minor (if your parents are subject to such a measure, you may be removed with them)
- You stay regularly in France for more than 20 years
- You have been staying regularly in France for more than 10 years (unless you have held a residence permit throughout this period student)
- You can justify by any means usually residing in France since you are a child (but you must not have started to reside there only from your 14th birthday)
- You have been married to a Frenchman for at least 3 years (your common life must not have ceased since your marriage and your husband must have retained French nationality)
- You have been living in France regularly for more than 10 years and have been married for at least 3 years to a foreigner who has been living in France for at least 13 years (you must not be a polygamist and your common life must not have ceased since your marriage)
- You are the father or mother of a minor French child residing in France (you must not be polygamous and must contribute to the maintenance and education of your child since birth or for at least 2 years)
- Accident at work You receive an annuity from a French organization for a permanent incapacity rate of minimum 20%
- You usually reside in France and your medical condition requires care in France, which you would not be able to access in the country of return
Please note
if you have made a refugee claim, you cannot be removed before the final decision on your claim. However, you may be removed if the asylum application certificate has been refused, withdrawn or not renewed.
Communication of the decision
The decision is made by the prefect, who must give reasons and determine your country of return.
It is given to you at the prefecture or by the police. You can, as soon as possible, notify your lawyer, the consulate of your country of origin or a person of your choice.
You can read the main elements of your case. Ask the prefecture for information on the steps to allow access.
Who shall I contact
Who shall I contact
Who shall I contact
Warning
it is not possible to carry out the procedures in some sub-prefectures. Find out more on your prefecture's website.
Departure from France
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General case
You must leave France by your own means in the 48 hours.
If you are still in France after this period, you can be placed in detention centre or under house arrest. The prefect will notify one prohibition of return to France (IRTF).
The French administration will then organize your departure.
You are away to one of the following countries:
- Your country of origin (unless your life or liberty is threatened or you are exposed to torture, inhuman or degrading treatment or punishment)
- Last country that issued you a valid travel document
- Other country in which you can be legally admitted
You live in Guadeloupe, Guyana, Mayotte, Saint-Barthélemy or Saint-Martin
You must leave France by your own means upon notification of the decision.
If you stay in France, you can be placed at any time in detention centre or under house arrest. The French administration will then organize your departure.
However, the consulate of your country of origin may request that 24 hours be granted to you.
You are away to one of the following countries:
- Your country of origin (unless your life or liberty is threatened or you are exposed to torture, inhuman or degrading treatment or punishment)
- Last country that issued you a valid travel document
- Other country in which you can be legally admitted
Subject-matter of the action
You can challenge the OQTF itself.
In addition, you can challenge any of the following ancillary measures:
- Refusal of residence permit (because you feel you can be regularized)
- Prohibition of return to France (IRTF)
- Decision on the country of return (for example, if you feel you are at risk in that country)
Time limit for lodging the appeal
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You live in the metropolis
If you are the recipient of an obligation to leave France without delay, you can challenge this decision within 48 hours of its notification.
This period shall not be extended, even if it expires on a Saturday, Sunday or public holiday.
You can't be removed until the court rules.
You live overseas: Guadeloupe, Guyana, Mayotte, Saint Barthelemy or Saint Martin
There is no time limit to challenge the OQTF.
It shall apply from notification and you must leave the territory immediately.
The filing of an appeal before the Administrative Court does not automatically suspend the departure obligation.
To obtain a suspension, you must make a specific application to the court.
If this request for suspension is accepted, you will no longer be required to leave France pending the final decision of the court.
Court having jurisdiction
The appeal must be lodged with the administrative court competent for the prefecture which issued the expulsion decision.
If you are detained or under house arrest, the appeal must be lodged with the administrative court on which the place of detention or summons depends.
Who shall I contact
Assistance of a lawyer
The presence of a lawyer is not mandatory. You can, however, be represented by a lawyer of your choice or ask the court to appoint one of your own motion.
Who shall I contact
FYI
you can benefit from legal aid to pay your lawyer's fees.
Instruction Delay
The appeal shall be heard by a single judge as a matter of urgency within a period of 96 hours.
Decision of the court
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Decision annulled
The Administrative Court may annul the OQTF or one or more accompanying measures.
- If the OQTF is revoked, all other measures are terminated (decision refusing the period for voluntary departure, decision determining the country of return and possible prohibition of return, detention or house arrest). The prefecture then gives you a provisional residence permit, pending a review of your file.
- If it cancels the only return ban, your removal can continue, but you can return to France with a valid visa.
- If he overturns the only decision setting the country of return, you can be placed under house arrest.
Decision confirmed
If the administrative court confirms the prefect's decision, you must leave France.
However, if you are unable to return to your country, a house arrest measure can be taken.
Challenge the court decision
You can appeal if your appeal is rejected. However, the call does not suspend OQTF execution. So you can be sent back to your country even if the appeal judge has not yet ruled.
The appeal period is 1 month from notification of the judgment of the court.
It must be filed before the administrative court of appeal on which the court that issued the decision depends (the court concerned is indicated in the notification of the judgment).
Cases in which a foreigner may be subject to an OQTF
Administrative procedure
Obligations of the foreigner during the period allowed for his departure
Appeals procedure
FAQ
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