Prohibition of return to French territory (IRTF)

Verified 28 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Rules of litigation

Published on 18 July 2024

Decree No. 2024-799 of July 2, 2024 introduce changes to the litigation procedures provided for in the law 2024-42 of 26 january 2024 to control immigration, improve integration

The Service-Public.fr team is currently updating this page.

If you are subject to an obligation to leave the territory (OQTF), the prefect may also prohibit you from returning to French territory (IRTF). Failure to comply with this prohibition could result in criminal penalties. We are taking stock of the regulations.

Please note

You are not concerned if you are a European foreigner national. Your family members who live in France with you are not affected either.

The FTIR can be pronounced after a OQTF if you have remained in France beyond the 30-day period allowed for voluntary departure.

It is automatically pronounced when no time is granted to you to leave French territory.

Time allowed

If an OQTF has been issued and you have not left France within the 30-day period, the prefect may issue an IRTF.

Reasons must be given for this decision.

Humanitarian circumstances may, however, justify the prefect not issuing an FTIR.

The IRTF lasts up to 5 years from the time you actually left the territory.

If you have stayed on French territory despite the OQTF, it can be extended for a maximum of 2 years, without the total duration exceeding 5 years.

The IRTF prohibits you from returning not only to France, but also to any country in the EUSchengen area.

An FTIR issued in France gives rise to an alert for the purposes of refusing entry in the Schengen Information System (SIS).

You must be notified of your registration in this file at notification IRTF. This registration will prevent you from obtaining a visa to enter and stay in the Schengen area.

The alert shall be deleted in the following cases:

  • End of the prohibition period
  • Annulment by the judge
  • Repeal of the measure by the prefect

You can challenge the IRTF at the same time as the OQTF which has been notified to you before the administrative court with territorial jurisdiction.

The time to appeal may vary depending on your situation, usually between 15 and 30 days.

Where the time limit for bringing an action is 30 days, the court shall sit in a panel of three judges and shall draw up the conclusions of the public rapporteur.

When the time limit for appeal is 15 days, the court sits with a single judge and without the findings of a public rapporteur.

The appeal shall suspend the execution of the measure.

You may be assisted by a lawyer. If you don't have one, you can ask the judge to issue you one ex officio.

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

Who shall I contact

If your appeal is rejected, you can appeal to the territorially competent administrative court of appeal (indicated in the notification of the judgment).

You have a period of 1 month from the notification of the judgment.

The time limits for appeal and the time limits for the administrative court to decide on your application vary depending on the reason for the FTIR.

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Refusal to issue, renew or withdraw a residence permit

You have a deadline of 30 days to appeal. The Administrative Court shall give its decision within three months.

Irregular presence in France for more than 3 months and you represent a threat to public order

You have a deadline of 30 days to appeal. The Administrative Court shall give its decision within three months.

Irregular presence in France for more than 3 months and work without authorization

You have a deadline of 30 days to appeal. The Administrative Court shall give its decision within three months.

Irregular entry and residence in France without having applied for a residence permit

You have a deadline of 15 days to appeal. The Administrative Court shall give its decision within six weeks.

Absence of a residence permit or application for renewal of a residence permit

You have a deadline of 15 days to appeal. The Administrative Court shall give its decision within six weeks.

Rejection of your asylum application or loss of the right to remain in France during the investigation

You have a deadline of 15 days to appeal. The Administrative Court shall give its decision within six weeks.

Automatic Repeal

The IRTF is revoked :

  • If you left France within the time limit
  • And that you prove your exit within 2 months of the end of this period

You can prove your exit by any means:

  • You can show a stamp affixed to your passport by the border police
  • You can also go to the French embassy or consulate in the country of return

Please note

The prefect may refuse this repeal based on specific circumstances related to your situation and behavior.

Request for repeal

You can ask repeal the measure provided you are resident abroad (unless you are incarcerated or under house arrest). The written request must be addressed to the prefect who took the action.

Répondez aux questions successives et les réponses s’afficheront automatiquement

General case

Who shall I contact

Repeal by the Prefect

The prefect may at any time repeal the IRTF.

If you return to France during the period of the IRTF, you can be sentenced by the criminal judge to a prison sentence of up to 3 years. You may also be subject to a prohibition of French territory (ITF).

Without delay

If an OQTF has been issued without delay, a ban on return to French territory is issued ex officio

If you are subject to an OQTF without a voluntary departure period, you are automatically subject to an IRTF.

Reasons must be given for this decision.

FYI  

Humanitarian circumstances may, however, justify the prefect not issuing an FTIR.

The IRTF is automatic and hard 5 years maximum once you have actually left the territory.

This period may be as long as 10 years in the event of a serious threat to public policy when the IRTF is issued at the same time as an OQTF without delay.

Where the duration exceeds 5 years, the IRTF shall be subject to a five-year review with a view to the possible repeal of the decision. Account will be taken of the evolution of the threat to public order posed by your presence in France, changes in your personal and family situation and guarantees of professional or social reintegration.

FYI  

If you stayed in France despite the OQTF, the IRTF can be extended for a maximum of 2 years up to a maximum of 5 years.

The IRTF prohibits you from returning not only to France, but also to any country in the EUSchengen area.

An FTIR issued in France gives rise to an alert for the purposes of refusing entry in the Schengen Information System (SIS). You must be notified of your registration in this file at notification IRTF.

This registration will prevent you from obtaining a visa to enter and stay in the Schengen area.

The alert shall be deleted in the following cases:

  • End of the prohibition period
  • Annulment by the judge
  • Repeal of the measure by the prefect

You can challenge the IRTF at the same time as the OQTF which has been notified to you, before the administrative court with territorial jurisdiction.

The time limit for bringing an action shall be 48 hours.

The time limits within which the administrative court decides on your application vary depending on the reason for the IRTF

Répondez aux questions successives et les réponses s’afficheront automatiquement

Refusal to issue, renew or withdraw a residence permit

The Administrative Court shall give its decision within three months. It sits in a group of three judges and with the conclusions of the public rapporteur.

Irregular presence in France for more than 3 months and you represent a threat to public order

The Administrative Court shall give its decision within three months. It sits in a collective formation of 3 judges and with the conclusions of the public rapporteur.

Irregular presence in France for more than 3 months and work without authorization

The Administrative Court shall give its decision within three months. It sits in a collective formation of 3 judges and with the conclusions of the public rapporteur.

Irregular entry and residence in France without having applied for a residence permit

The Administrative Court shall give its decision within six weeks. It sits with a single judge and without conclusions from a public rapporteur.

Absence of a residence permit or application for renewal of a residence permit

The Administrative Court shall give its decision within six weeks. It sits with a single judge and without conclusions from a public rapporteur.

Rejection of your asylum application or loss of the right to remain in France during the investigation

The Administrative Court shall give its decision within six weeks. It sits with a single judge and without conclusions from a public rapporteur.

The appeal shall suspend the execution of the measure.

You may be assisted by a lawyer. If you don't have one, you can ask the judge to issue you one ex officio.

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

Who shall I contact

If your appeal is rejected, you can appeal to the territorially competent administrative court of appeal (indicated in the notification of the judgment). You have a period of 1 month from the notification of the judgment.

Request from the prefect

You can ask for theabrogation the measure provided you are resident outside France (unless you are incarcerated or assigned to residence). The written request must be addressed to the prefect who took the action.

General case
Who shall I contact
In Paris

Repeal by the Prefect

The prefect may at any time repeal the IRTF.

If you return to France during the period of the IRTF, you can be sentenced by the criminal judge to a prison sentence of up to 3 years. You may also be subject to a prohibition of French territory (ITF).