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Prohibition of French territory (ITF)

Verified 17 avril 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The prohibition of French territory (ITF) is pronounced by the criminal judge against a foreigner who resides in France and who has committed crime or offense.. It can be used as a main penalty or as supplementary penalty a prison sentence or a fine. Certain categories of foreigners are protected. Appeals against an ITF are possible.

The prohibition of French territory (ITF) is pronounced by the criminal judge (court of correction or court of assizes) if you are a foreigner and have committed a crime or offense..

In the event of an offense, it shall be pronounced:

  • as a complementary penalty, in addition to the prison sentence or fine,
  • either as the main penalty, i.e. it replaces the prison sentence or the fine.

In the event of a crime, it is imposed as a complementary penalty to a prison sentence or a fine.

The ITF shall cause the deportation to the border:

  • or when the judgment has been delivered,
  • at the end of the sentence of imprisonment, if the ITF has been given in a complementary capacity.

You are then expelled by the police or the gendarmerie. You can detained or under house arrest time to organize your return.

You are returned to the country:

  • of which you are a national,
  • or who has issued you a valid travel document,
  • or any other country in which you may legally reside, with the agreement of that State.

However, you cannot be deported to a country where:

  • your life or your freedom is threatened,
  • or you are exposed to torture, inhuman or degrading treatment or punishment.

  Warning : this procedure does not apply to an alien who is a national of European country, or members of his family living in France with him.

Offenses concerned

Many crimes and offenses may result in an FTI, including:

  • Serious violence
  • Rape or sexual assault
  • Robbery
  • Murder
  • Act of terrorism
  • Drug trafficking
  • Illegal work
  • Use of forged documents
  • Marriage fraud (white marriage done only to have a residence permit)

Protected foreigners

If you are in one of the following situations, you cannot be sanctioned by an ITF.

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Parent of a French child

Living in France for more than 10 years

If you are the father or mother of a French child, you cannot be sanctioned by an ITF if you contribute to the maintenance and education of your child since birth or for at least 1 year.

This protection does not apply if the offense was committed against your spouse, Pacs partner, cohabiting partner or children. It also does not apply to acts of terrorism.

Living in France for less than 10 years

If you are the father or mother of a French child, you cannot be punished by an ITF if you have committed an offense and have contributed to the maintenance and education of your child since birth (or for at least 1 year).

However, the court can still remove this protection and impose an ITF sentence. He must then justify his decision in the light of the seriousness of the offense and the personal and family situation of the alien.

Spouse of French

Married for at least 4 years

If you are married to a Frenchman, you cannot be sanctioned by an ITF if the following 4 conditions are met:

  • Marriage predates offense
  • You have been living legally in France for more than 10 years
  • The offense was not committed against your spouse or children
  • You still live together

This protection does not apply in the case of terrorist acts.

Married for at least 3 years

If you are married to a Frenchman, you cannot be sanctioned by an ITF if the following 4 conditions are met:

  • You have lived in France for more than 10 years
  • You have committed a crime (ITF can be pronounced in case of a crime)
  • Marriage predates offense
  • You still live together

However, the court can still remove this protection and impose an ITF sentence. He must then justify his decision in the light of the seriousness of the offense and the personal and family situation of the alien.

Spouse of a foreign national

If you are married to a foreigner or a foreigner, you cannot be sanctioned by an ITF if the following 5 conditions are met:

  • You have lived in France for more than 10 years
  • Your spouse has usually lived in France since the age of 13
  • Marriage predates offense
  • The offense was not committed against your spouse or children
  • You still live together

This protection does not apply in the case of terrorist acts.

Foreigner living in France for more than 10 years

Living in France for more than 20 years

If you have been living in France regularly for more than 20 years, you cannot be sanctioned by an ITF.

However, this protection does not apply if the offense was committed against your spouse, Pacs' partner, your spouse or children. It also does not apply to acts of terrorism.

Living in France for less than 20 years
Residence with residence permit

If you have been living in France regularly for more than 10 years (unless you have stayed during this period with a residence card student), you cannot be sanctioned by an ITF.

This protection does not apply if you have committed a crime.

However, the court can still remove this protection and impose an ITF sentence. He must then justify his decision in the light of the seriousness of the offense and the personal and family situation of the alien.

Residence without residence permit

If you usually live in France for more than 15 years even without a residence permit, you cannot be sanctioned by an ITF.

You must prove by any means your habitual residence: employment contracts, testimony, etc.

This protection does not apply if you have committed a crime.

However, the court can still remove this protection and impose an ITF sentence. He must then justify his decision in the light of the seriousness of the offense and the personal and family situation of the alien.

Foreigner living in France since the age of 13

If you have usually lived in France since at least the age of 13, you cannot be sanctioned by an ITF.

You must prove by any means your habitual residence: employment contracts, testimony, etc.

This protection does not apply in the following cases:

  • You have committed an offense against your spouse, Pacs' partner, your spouse or children
  • Acts of terrorism

Foreign national holding an accident at work or occupational disease pension

If you hold an accident-at-work or occupational disease pension provided by a French organization and whose rate of permanent disability is equal to or greater than 20%, you cannot be sanctioned by an ITF.

However, the court can still remove this protection and impose an ITF sentence. He must then justify his decision in the light of the seriousness of the offense and the personal and family situation of the alien.

In addition, this protection does not apply if you have committed a crime.

Sick foreigner

If you usually live in France and have a disease that cannot be treated in your country of origin, you cannot be sanctioned by an ITF.

This protection does not apply in the following cases:

  • You have committed an offense against your spouse, Pacs' partner, your spouse or children
  • Acts of terrorism

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Banning territory is a main penalty

You can challenge your conviction by appealing.. The Court of Appeal may then annul or amend the 1to judgment.

You can challenge the decision of an appeal appeal in cassation..

It is a complementary sentence

You can challenge your conviction by appealing.. The Court of Appeal may then annul or amend the 1to judgment.

You can challenge the decision of an appeal appeal in cassation..

You can also make a request for increase.. This procedure is for the ITF only. In this case, whatever the decision on the ITF, you will remain guilty of the offense concerned.

This procedure is therefore different from the appeal, which allows the sentence to be annulled outright.

You must file the application for an increase:

  • from the moment of incarceration in the event of a sentence of imprisonment,
  • or after a period of 6 months following the conviction in other cases.

You should contact:

  • to the court which issued the decision, in the event of an offense,
  • in the examining chamber of the court of appeal, in the case of a crime.

If a request for an increase is rejected, a further 6 months are required to file a new request.

Who shall I contact

The ITF may be temporary or permanent.

Temporary ban

ITF may be given for a maximum period of 10 years. After this period, you can return to France if you meet the conditions of entry.

  Warning : Returning to France before the end of the ban can result in a sentence of 3 years in prison and a new ban of up to 10 years.

Final prohibition

The final ITF prevents to return to France, except in case of cancelation of the measure.