House arrest of foreigner returned from France
Verified 21 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)
House arrest is a removal order that requires you to stay in a specific location. It's to keep you under surveillance. It may be given for a short time (45 days) or for a long time (6 months). It is often accompanied by an obligation not to leave a certain perimeter (commune or department) and an obligation of regular presentation to the police or gendarmerie services.
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.
Short duration
You are affected if you are subject to a removal order, such as:
- Obligation to leave French territory (OQTF) without delay or whose period of voluntary departure has expired
- Judicial Inadmissibility (ITF)
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 maximum of 45 days, renewable once, or in total 90 days maximum.
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.
A foreigner under house arrest must meet the following obligations:
- Reside in the places fixed by the decision but be allowed to circulate within a defined perimeter
- Present yourself periodically to the police or gendarmerie, up to one presentation per day, with exceptions. The number of daily presentations may be set at a maximum of 4
- 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 these obligations, you can be sentenced to 3 years in prison.
You can challenge the decision before the administrative tribunal of the place of assignment, within 48 hours following its notification.
Who shall I contact
Long life
You are affected if you meet the following 2 conditions:
- You are subject to a removal order (OQTF, surrender to another EU state, Dublin procedure, IRTF, ITF)
- 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 of 6 months, renewable once.
However, this time limit does not apply to you if you are subject to a prohibition of French territory (ITF). You can be placed under house arrest for as long as you need to leave France.
FYI
you can get a work permit.
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.
A foreigner under house arrest must meet the following obligations:
- Reside in the places fixed by the decision but be allowed to circulate within a defined perimeter
- Present yourself periodically to the police or gendarmerie, up to one presentation per day, with exceptions. The number of daily presentations may be set at a maximum of 4
- 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 these obligations, you can be sentenced to 3 years in prison.
You can challenge the decision before the administrative tribunal of the place of assignment, within 48 hours following its notification.