House arrest of foreigner returned from France
Verified 27 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
House arrest requires you to stay in a specific place decided by the administration. This summons shall be issued for a period of 45 days to execute the removal order or for a period of 1 year in the event of postponement of removal. These periods shall be renewable. The house arrest can be accompanied by an obligation to stay within a defined perimeter and to report regularly to the police or gendarmerie services. We are taking stock of the regulations.
Warning
This procedure does not concern a foreigner who is a national of European countrynor the members of his family living in France with him.
The situation varies depending on whether the decision to expel is to be implemented or whether the expulsion is to be postponed.
Enforcement of the decision
You are affected if you are subject to a removal order:
- Obligation to leave French territory (OQTF) for less than 3 years without delay or whose period of voluntary departure has ended
- Prohibition of return to French territory (IRTF)
- Surrender to another EU state
- Prohibition of movement within French territory
- Expulsion Order
- Judicial Inadmissibility (ITF)
- Administrative Prohibition of Territory (IAT)
The purpose of this assignment is to control the preparation of your short-term removal.
Your assignment can be decided instead of a administrative detention if you meet the following conditions
- You present real guarantees of representation (identity card, passport, proof of domicile) to prevent any risk of flight
- Your removal can reasonably be expected to take place in the short term
Short-term house arrest is imposed for a period of time maximum of 45 days. It can be renewed twice, i.e. in total for Maximum 135 days.
The authority that makes the decision to place people under house arrest varies by geographic location.
General case
The decision on house arrest is taken by the prefect of the department where the place of house arrest is located.
However, only the Ministry of the Interior can issue a house arrest in the case of of prohibition of French territory (ITF).
It's a written decision, giving reasons. She's notified to the foreign national concerned.
In Paris
The decision on house arrest is taken by the prefect of the police.
However, only the Ministry of the Interior can issue a house arrest in the case of of prohibition of French territory (ITF).
It's a written decision, giving reasons. She's notified to the foreign national concerned.
In the case of house arrest, you must comply with the following obligations:
- Reside in places set by the decision (you may be allowed to travel within a defined perimeter)
- Present yourself periodically to the police or gendarmerie, up to one presentation per day, except in exceptional cases. The number of daily presentations can be set at a maximum of 4 in case of expulsion or prohibition of French territory (ITF)
- Present yourself at the consulate of your country to obtain a travel document
If you are subject to an expulsion order or a judicial ban from French territory, your place of residence is specified. It can be chosen from all over the national territory, no matter where you are.
A mandatory time slot at the premises where you are assigned to residence can also be set. This range shall last a maximum of 3 consecutive hours in any 24-hour period. It may be extended to 10 consecutive hours per 24 hours in the event of a threat to public order.
In addition, you may be required to hand over your passport (or any other identity or travel document) to the administration in exchange for a receipt. This receipt allows you to prove your identity, pending your removal. It's marked with your house arrest.
If you fail to meet your obligations, you may be sentenced to:
- 3 years in prison and €15,000 a fine if you do not return to the residence that has been set for you or if you leave it without authorization
- 1 year in prison and €3,750 a fine if you are:
- You do not report to the police or gendarmerie authorities
- You are not complying with the obligation to wear an electronic bracelet
- You do not comply with the prohibition on being in direct or indirect contact with named persons
You can challenge the decision before the administrative tribunal of the place of assignment, within 48 hours following its notification.
Who shall I contact
Postponement of removal
You are concerned if you fill in the following 2 conditions :
- You are subject to a removal measure :
- Obligation to leave French territory (OQTF) for less than 3 years without delay or whose period of voluntary departure has expired
- Prohibition of return to French territory (IRTF)
- Surrender to another EU state
- Prohibition of movement within French territory
- Measure of expulsion
- Judicial Inadmissibility (ITF)
- Administrative Prohibition of Territory (IAT)
- And you are the physical, material or legal impossibility of leaving France within a short period of time to travel to your country of origin or to another country. This may be due to a serious illness, for example, or to risks in case of return.
This assignment allows you to stay temporarily in France for a maximum period of1 year, renewable twice, i.e. in total 3 years maximum.
However, this time limit does not apply to you if you are subject to:
- Prohibition of French territory
- Administrative ban on French territory
- Measure ofeviction (especially because of your health)
You can be placed under house arrest for as long as you need to leave France.
FYI
You can get a work permit.
The authority that makes the decision to place people under house arrest varies by geographic location.
General case
The decision on house arrest is taken by the prefect of the department where the place of house arrest is located.
However, only the Ministry of the Interior can issue a house arrest in the case of of prohibition of French territory (ITF).
It's a written decision, giving reasons. She's notified to the foreign national concerned.
In Paris
The decision on house arrest is taken by the prefect of the police.
However, only the Ministry of the Interior can issue a house arrest in the case of of prohibition of French territory (ITF).
It's a written decision, giving reasons. She's notified to the foreign national concerned.
In the case of house arrest, you must comply with the following obligations:
- Reside in places set by the decision (you may be allowed to travel within a defined perimeter)
- Present yourself periodically to the police or gendarmerie, up to one presentation per day, except in exceptional cases. The number of daily presentations can be set at a maximum of 4 in case of expulsion or prohibition of French territory (ITF)
- Present yourself at the consulate of your country to obtain a travel document
If you are subject to an expulsion order or a judicial ban from French territory, your place of residence is specified. It can be chosen from all over the national territory, no matter where you are.
A mandatory time slot at the premises where you are assigned to residence can also be set. This range shall last a maximum of 3 consecutive hours in any 24-hour period. It may be extended to 10 consecutive hours per 24 hours in the event of a threat to public order.
In addition, you may be required to hand over your passport (or any other identity or travel document) to the administration in exchange for a receipt. This receipt allows you to prove your identity, pending your removal. It's marked with your house arrest.
If you fail to meet your obligations, you may be sentenced to:
- 3 years in prison and €15,000 a fine if you do not return to the residence that has been set for you or if you leave it without authorization
- 1 year in prison and €3,750 a fine if you are:
- You do not report to the police or gendarmerie authorities
- You are not complying with the obligation to wear an electronic bracelet
- You do not comply with the prohibition on being in direct or indirect contact with named persons
You can challenge the decision before the administrative tribunal of the place of assignment, within 48 hours following its notification.