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Prohibition of French territory (ITF)

Verified 05 April 2022 - 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 a crime or a offense. It may be used as a principal penalty or as a additional penalty to a prison sentence or a fine. Certain categories of foreigner are protected. Recourse against an ITF is possible.

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

Sanctions may differ.

In case of crime 

ITF results in deportation:

  • where the judgment has been given, or
  • imprisonment in the event of a sentence of

You are then expelled by the police or gendarmerie.

You can be 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 with a valid travel document,
  • or in any other country in which you may lawfully stay, with the consent of the latter.

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.
In the event of an offense 

In the case of a misdemeanor, the ITF is ordered:

  • as a supplementary penalty, in addition to the prison sentence or the fine, or
  • or as the main penalty, that is to say that it replaces the prison sentence or the fine.

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.

Infringements concerned

Many crimes and misdemeanors can result in an ITF, including

  • Serious Violence
  • Rape or sexual assault
  • Robbery with violence
  • Murder
  • Act of terrorism
  • Drug trafficking
  • Illegal labor
  • Use of forged documents
  • Marriage fraud (white marriage made solely for the purpose of having 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

You cannot be sanctioned by an ITF if you have contributed to the maintenance and education of your child since birth or for at least 1 year.

This protection does not apply if the offense has been committed against your spouse, your partner ofCivil partnerships: titleContent, your partner or your children. Nor does it apply to acts of terrorism.

Living in France for less than 10 years

You cannot be punished by an ITF if you have committed an offense and you have contributed to the maintenance and education of your child since birth (or for at least 1 year).

However, the court can still remove that protection and impose an ITF sentence. He must then argue that decision in the light of the seriousness of the the offense and the personal and family circumstances of the foreigner.

Spouses of French

Married for at least 4 years

You cannot be sanctioned by an ITF if the following 4 conditions are met:

  • Marriage celebrated before the offense
  • You have been living legally in France for more than 10 years
  • Your spouse or children are not victims of the offense
  • You still live together

This protection does not apply to acts of terrorism.

Married for at least 3 years

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 committed a offense (ITF can be ordered in the event of a crime)
  • Marriage celebrated before the offense
  • You still live together

However, the court can still remove that protection and impose an ITF sentence. He must then give reasons for that decision in the light of the gravity of the offense and the personal and family situation of the foreigner.

Spouses of a foreign national

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 celebrated before the offense
  • Your spouse or children are not victims of the offense
  • You still live together

This protection does not apply to acts of terrorism.

Foreigner living in France for more than 10 years

Living in France for more than 20 years

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

However, this protection shall not apply if the offense has been committed against your spouse, your partner of Civil partnerships: titleContent, your partner or your children. Nor does it apply to acts of terrorism.

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

If you have been living regularly in France for more than 10 years, you cannot be sanctioned by an ITF. This protection does not apply if you have stayed throughout this period with a student residence card.

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

However, the court can still remove that protection and impose an ITF sentence. He must then argue that decision in the light of the seriousness of the the offense and the personal and family circumstances of the foreigner.

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 your habitual residence by any means: employment contracts, testimonies, etc.

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

However, the court can still remove that protection and impose an ITF sentence. He must then argue that decision in the light of the seriousness of the the offense and the personal and family circumstances of the foreigner.

Foreigner living in France since the age of 13

If you have been living in France for at least 13 years, you cannot be sanctioned by an ITF.

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

This protection does not apply if you have committed a infringement against your spouse, your partner of Civil partnerships: titleContent, your partner, your children.

Nor does it apply to acts of terrorism.

Foreigner accident at work in respect of an occupational pension

If the rate of permanent disability is equal to or greater than 20%, you cannot be sanctioned by an ITF.

However, the court can still remove that protection and impose an ITF sentence. He must then argue that decision in the light of the seriousness of the the offense and the personal and family circumstances of the foreigner.

Moreover, 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 if you have committed a infringement against your spouse, your partner ofCivil partnerships: titleContent, your partner or your children.

Nor does it apply to acts of terrorism.

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Inadmissibility is a primary punishment

You can challenge your conviction by appealing. The Court of Appeal may then set aside or amend the 1er judgment.

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

Prohibition is a complementary penalty

You can challenge your conviction by appealing. The Court of Appeal may then set aside or amend the 1er judgment.

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

You can also make a request for lift. This procedure relates only to the ITF. In this case, regardless of the ITF decision, you will remain guilty of the offense concerned.

This procedure is therefore different from the appeal which allows the application for the annulment of the conviction outright.

You must file the lift request 

  • imprisonment upon incarceration upon conviction to a sentence of
  • or after a period of 6 months following the conviction in other cases.

You have to go 

  • to the court that issued the decision, in the case of offense,
  • to the investigating chamber of the court of appeal, in the case of crime.

If a request for an increase is rejected, it takes another 6 months to submit a new request.

Who shall I contact

The prohibition may be temporary or permanent.

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Temporary ban

The ITF can be pronounced for a maximum of 10 years.

After this period, you can return to France if you meet the conditions for entry into the territory.

Warning  

returning to France before the end of the ban could result in a 3-year prison sentence and a further ban of up to 10 years.

Definitive prohibition

The final ITF prevents you from returning to France, unless the measure is canceled.