Surrender of a foreigner to another European country

Verified 24 February 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Surrender is a removal procedure. France can take you to a Member State of the European Union or the Schengen area. You will be handed over directly to the authorities of that country.

The procedure applies to 27 EU Member States, to 26 Schengen countries and to the intra-group mobility.

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.

They are Bulgaria, Cyprus, Croatia, Romania.

Conditions

You are concerned if you are arrested in an irregular situation and if any of the following conditions are met:

  • You have been admitted to enter on the territory of a non-Schengen EU State
  • You have been admitted to stay on the territory of a non-Schengen EU State
  • You come directly of an EU State outside the Schengen area.

To this end, France has concluded readmission agreements with different states.

Procedure

The Prefect shall inform you by written decision of your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender order may be enforced by force with escort by law enforcement officials.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

This appeal must be lodged within two months.

Country of return

You are returned to the European country which issued you a residence permit.

Otherwise, you are sent back to the last European country you passed through before arriving in France.

Warning  

in some cases, the prefect may also impose a travel ban on french territory for a maximum period of 3 years.

Conditions

You may be returned and surrendered to another State if you have entered or are staying in France in violation of the Schengen Convention (no visa, expired visa, stay of more than 3 months in case of visa waiver, etc.).

Procedure

The Prefect shall inform you by written decision of your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender order may be enforced by force with escort by law enforcement officials.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

This appeal must be lodged within two months.

Country of return

You are returned to the European country which issued you a residence permit.

Otherwise, you are sent back to the last European country you passed through before arriving in France.

Warning  

in some cases, the prefect may also impose a travel ban on french territory for a maximum period of 3 years.

Conditions

You may be subject to a removal order, even if you have a EU long-term resident valid granted by another Member State.

This allows you to be subject to a rebate decision in the following situations:

  • You stay in France for more than three consecutive months without applying for a French residence card
  • Your application for the issue or renewal of a French residence permit has been refused
  • Your residence card has been withdrawn

Procedure

The Prefect shall inform you by written decision of your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender order may be enforced by force with escort by law enforcement officials.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

This appeal must be lodged within two months.

Country of return

You are returned to the European country which issued you the title of EU long-term resident

Warning  

in some cases, the prefect may also impose a travel ban on french territory for a maximum period of 3 years.

Conditions

If you are subject to a removal order from French territory, you may be handed over to the State that issued you an eu blue card valid. Your family members are also affected.

Discount is possible in the following situations:

  • The EU Blue Card has been denied to you in France
  • Your card has expired while processing your request
  • Your card was removed during the processing of your request

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.

Procedure

The Prefect shall inform you by written decision of your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender order may be enforced by force with escort by law enforcement officials.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

This appeal must be lodged within two months.

Country of return

You are returned to the European country that issued you the European Blue Card.

Warning  

in some cases, the prefect may also impose a travel ban on french territory for a maximum period of 3 years.

Conditions

You may be handed over to the State which issued your residence permit student on the move in the following situations:

  • Your residence permit has expired during the mobility period
  • Your residence permit has been withdrawn by the issuing Member State during the mobility period
  • You do not meet (or no longer meet) the conditions for mobility
  • You don't have notified your intention to carry out a mobility within the French territory
  • Your request for mobility has been rejected

Your family members are also affected.

Procedure

The Prefect shall inform you by written decision of your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender order may be enforced by force with escort by law enforcement officials.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

This appeal must be lodged within two months.

Country of return

You are returned to the European country which issued you the residence permit student on the move.

Warning  

in some cases, the prefect may also impose a travel ban on french territory for a maximum period of 3 years.

Conditions

You may be handed over to the State which issued your residence permit mobility researcher in the following situations:

  • Your residence permit has expired during the mobility period
  • Your residence permit has been withdrawn by the issuing Member State during the mobility period
  • You do not meet (or no longer meet) the conditions for mobility
  • You don't have notified your intention to carry out a mobility within the French territory
  • Your request for mobility has been rejected

Your family members are also affected.

Procedure

The Prefect shall inform you by written decision of your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender order may be enforced by force with escort by law enforcement officials.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

This appeal must be lodged within two months.

Country of return

You are returned to the European country which issued you the residence permit mobility researcher.

Warning  

in some cases, the prefect may also impose a travel ban on french territory for a maximum period of 3 years.

Conditions

If you have a intra-group temporary transfer, you may be subject to a remission order. Your family members are also affected.

Discount is possible in the following situations:

  • You don't have notified your intention to work in one of the establishments of your group of companies of origin established in France
  • Your residence permit has expired during the mobility period
  • Your residence permit has been withdrawn by the issuing Member State during the mobility period
  • Your request for mobility has been rejected
  • The conditions for issuing the residence permit are not complied with
  • The conditions under which mobility has been authorized are no longer met

Procedure

The Prefect shall inform you by written decision of your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender order may be enforced by force with escort by law enforcement officials.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

This appeal must be lodged within two months.

Country of return

You are returned to the European country which issued you the residence permit ICT seconded employee.

Warning  

in some cases, the prefect may also impose a travel ban on french territory for a maximum period of 3 years.