Prohibition of French territory (ITF)

Verified 27 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The prohibition of French territory (ITF) can be ordered by the criminal judge against a foreigner who resides in France and who has committed a crime or a offense. The ITF may intervene 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. We are taking stock of the regulations.

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

The ITF is most often a complementary sentence, i.e. a sentence handed down in addition to a main sentence.

In some cases, when it's a offenseHowever, the judge may decide to pronounce the ITF as the main penalty, that is to say that it replaces the prison sentence or the fine.

ITF leads to deportation. You are then expelled by the police or gendarmerie.

Before your actual deportation, you may be detained or under house arrest time to organize your return.

You are far away in one of the following destinations:

  • Country of origin (unless your life or liberty is threatened or you are exposed to torture, inhuman or degrading treatment or punishment)
  • Last country that issued you a valid travel document
  • Other country in which you can be legally admitted, with the agreement of this one

An Inadmissibility Order (ITF) can be issued against a foreigner for a number of offenses. Under certain conditions, you may be protected against the pronouncement of an ITF.

What are the infringements covered by an ITF?

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)

More generally, the ITF can be ordered if the offense in question is punishable by a prison sentence of at least 3 years.

What are the foreigners protected from being banned from France?

If you are in one of the following situations, you may be protected from an ITF, under certain conditions.

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You are the parent of a minor French child and you have lived 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 husband, your ascendants or your children.

This protection also does not apply if you have been convicted of an offense fundamental interests of the Nation, for an act of terrorism, for provocation to discrimination, hatred or violence.

Nor does the protection apply to to crimes, or to offenses punished by at least 5 years of imprisonment, nor to offenses committed in repetition and punished with at least 3 years imprisonment.

You have been married to French for at least 4 years and you have resided in France for more than 10 years

You cannot be sanctioned by an ITF if the 3 conditions the following are completed:

  • Marriage celebrated before the offense
  • You have been living legally in France for more than 10 years
  • You still live together

This protection does not apply if the offense has been committed against your husband, your ascendants or your children.

This protection also does not apply if you have been convicted of an offense fundamental interests of the Nation, for an act of terrorism, for provocation to discrimination, hatred or violence.

Nor does the protection apply to to crimes, or to offenses punished by at least 5 years of imprisonment, nor to offenses committed in repetition and punished with at least 3 years imprisonment.

You have been married to a foreigner for at least 4 years and you have lived in France for more than 10 years

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

  • You have been living regularly in France for more than 10 years
  • Your spouse has usually lived in France since the age of 13
  • The wedding was celebrated before the offense
  • The common life is still ongoing

This protection does not apply if the offense has been committed against your husband, your ascendants or your children.

This protection also does not apply if you have been convicted of an offense fundamental interests of the Nation, for an act of terrorism, for provocation to discrimination, hatred or violence.

Nor does the protection apply to to crimes, or to offenses punished by at least 5 years of imprisonment, nor to offenses committed in repetition and punished with at least 3 years imprisonment.

You have lived 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.

This protection does not apply if the offense has been committed against your husband, your ascendants or your children.

This protection also does not apply if you have been convicted of an offense fundamental interests of the Nation, for an act of terrorism, for provocation to discrimination, hatred or violence.

Nor does the protection apply to to crimes, or to offenses punished by at least 5 years of imprisonment, nor to offenses committed in repetition and punished with at least 3 years imprisonment.

You have been living in France since you turned 13

If you usually live in France since you have reached the age of 13 at the most, 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 the offense has been committed against your husband, your ascendants or your children.

This protection also does not apply if you have been convicted of an offense fundamental interests of the Nation, for an act of terrorism, for provocation to discrimination, hatred or violence.

Nor does the protection apply to to crimes, or to offenses punished by at least 5 years of imprisonment, nor to offenses committed in repetition and punished with at least 3 years imprisonment.

You are sick and have a residence permit for this reason

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

This protection does not apply if the offense has been committed against your husband, your ascendants or your children.

This protection also does not apply if you have been convicted of an offense fundamental interests of the Nation, for an act of terrorism, for provocation to discrimination, hatred or violence.

Nor does the protection apply to to crimes, or to offenses punished by at least 5 years of imprisonment, nor to offenses committed in repetition and punished with at least 3 years imprisonment.

The prohibition may be temporary or permanent.

Temporary ban

The ITF may be pronounced for a period of time up to 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 can result in a 3-year prison sentence and a new ban of up to 10 years.

Definitive prohibition

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

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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 concerns only the ITF pronounced at supplementary title. 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 can only apply for rehabilitation if you have left the territory of France, so if the prohibition decision has been made. However, if you are imprisoned or under house arrest, you can apply for a recovery on the spot.

The following organizations should be contacted:

  • The court that issued the decision, in the case of offense,
  • Trial 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