What is an Obligation de Quitter le Territoire Français?
Theobligation to leave French territory is an administrative decision requiring an illegal immigrant to leave France. This measure is taken by the Prefect or, in certain cases, by the Minister of the Interior. It is strictly governed by the Code de l’Entrée et du Séjour des Étrangers et du Droit d’Asile (CESEDA).
Once notified, the decision sets a timeframe which may provide for either voluntary departure within a given timeframe, or immediate execution with no transitional period.
When is an OQTF issued?
A removal ordermay be issued in the event of :
- Refusal to issue or renew a residence permit.
- Asylum rejection.
- Irregular stay.
- Threat topublic order.
- Document fraud.
Why the question of duration is essential
Since the immigration reform (law n°2024-42), the period of validity of an OQTF has been extended from 1 to 3 years. This change is part of a stricter framework designed to facilitate the police’s ability to enforce removal orders. During this period, the foreign national cannot apply for regularization, and runs the risk of deportation. This change has major consequences for illegal residents.
This greatly complicates day-to-day procedures, such as access to work, finding accommodation, obtaining social rights, or applying for regularization. In the event of an inspection, failure to comply with a deportation order that is still in force can result in severe measures, including placement in administrative detention.
Knowing and complying with the deadline for appeal and the conditions laid down is therefore essential for everyone concerned.
A real upheaval for foreigners
Immigration reform, which came into force on January 26, 2024, has radically transformed the scope of an OQTF. Previously, the authorities could place a foreign national under house arrest if he or she had been ordered to leave France less than a year previously. Now, this possibility extends to an OQTF that is less than three years old.
In a nutshell:
- 3-year validity for all OQTFs notified after January 26, 2024 ;
- Potential extension to former OQTFs depending on developments in case law.
This development makes the regularization process even more complex. Remaining under a valid OQTF increases the risk of being detained during a police check, and severely limits the possibility of applying for a new permit.
How long will an OQTF be valid in 2025?
How has the duration changed?
Prior to the adoption of Immigration Act no. 2024-42, an obligation to leave French territory remained valid for 1 year. After this period, the administration had to initiate a new procedure if it wished to renew the obligation. This rule enabled certain foreign nationals to submit a new application for regularization or apply for a residence permit more quickly.
Since January 26, 2024, the situation has changed radically. As mentioned above, the period of validity of OQTFs has been extended to 3 years. This means that during these three years, the foreign national can be :
- assigned to residence if removal is not immediately possible, but remains a reasonable prospect (article L.731-1 1° of the CESEDA);
- controlled and deported if the OQTF is not complied with, with the risk of being placed in a detention center before deportation.
This reform has major consequences for the foreign nationals concerned. It severely restricts their ability to regularize their situation and gain access to employment, housing and social benefits.
Moreover, according to recent case law, this rule also applies to OQTFs adopted before January 26, 2024. This has extended the scope of the reform to many previous situations, creating a real upheaval for illegal aliens.
The impact of an OQTF notified to a foreign national
When an OQTF is issued to a person outside France, regardless of their country of origin, the legal effects are identical to those of an OQTF issued on French territory.
Notification triggers validity of OQTF
Notification of the decision marks the starting point for the period of application of the measure. The 3-year period applies irrespective of the location of the individual concerned at the time,with no distinction made according to country of residence.
French law makes no distinction as to the effects of an OQTF depending on whether the person concerned resides in his or her country of origin or in a third country. The measure remains fully applicable, regardless of the country in which the person concerned is located.
Practical consequences
A valid OQTF can have concrete consequences for the person concerned:
- Entry into France : The presence of a valid OQTF may result in refusal of entry into France.
- Access to the Schengen area: An OQTF may be accompanied by an Interdiction de Retour sur le Territoire Français (IRTF), leading to registration in the Schengen Information System (SIS), which can complicate entry into other Schengen countries.
- Applying for a visa or residence permit: The presence of a valid OQTF can be a major obstacle to obtaining a visa or residence permit, even if the application is submitted from abroad.
What is the starting point for the countdown to an OQTF?
The validity of the removal order begins on the date it is communicated to the person concerned, which can be done in several ways:
- Hand-delivered: The calculation begins on the day the OQTF is delivered directly to the person concerned, for example at an appointment at the prefecture or during a stopover.
Ex: If the OQTF is delivered on March 10, 2025, the starting point of the time limit is this date. - Registered letter with acknowledgement of receipt: If the letter is collected within the time limit set by La Poste, the countdown begins at the time of collection. If the letter is not picked up, the date of first presentation by the letter carrier is decisive.
Ex: Letter presented on May 20, 2025 and not picked up: the countdown starts on May 20.
It is essential to know this date, as it determines the deadline for contesting the decision.
When does an OQTF expire?
It ends in the following situations:
- Expiry of validity: The OQTF lapses after 3 years if it has not been enforced.
Ex : An OQTF notified on March 10, 2022 expires on March 10, 2025.
- Withdrawal or abrogation of the measure by the Prefecture: If the Prefecture decides to withdraw or abrogate the OQTF, the measure is considered never to have existed (withdrawal) or is terminated (abrogation).
Ex: If the Prefecture withdraws the OQTF on January 12, 2025, it is deemed never to have existed, and if the Prefecture repeals the OQTF on January 12, 2025, it expires on that date.
- Cancellation of the measure by the administrative judge: If the appeal is accepted, the measure is cancelled.
Ex : If the court cancels the OQTF on June 20, 2025, it must be deemed never to have existed.
Knowing the exact end date is essential for planning any administrative or legal procedures.
How long does it take to leave the country?
When you receive notification of an OQTF, the application period begins immediately.
If you are granted an OQTF with a deadline for voluntary departure, you have 30 days to leave on your own. Take advantage of this period to prepare your return or to study the possibilities of appeal.
On the other hand, an OQTF without delay means that enforcement is immediate: you must leave the country without delay.
If you intend to contest, be sure to observe the time limit for appeal, which depends on your situation. This maximum period varies :
- 48 hours if you are detained,
- 15 days for house arrest,
- and 30 days if you are free with a deadline for voluntary departure.
Our expert immigration lawyers can help you assert your rights in a timely manner.
How will the new duration affect your situation?
Extending the validity of OQTFs to 3 years has significant repercussions on the daily lives of the foreign nationals concerned. Here are the main impacts:
Access to work
Being subject to an OQTF generally prevents you from obtaining a work permit. So, for the duration of the OQTF, it is difficult, if not impossible, to work legally in France.
Housing and welfare
The people concerned may face obstacles in accessing social housing or benefiting from certain social benefits. For example, access to emergency accommodation may be restricted, except pending removal.
Regularization
The presence of a valid OQTF complicates the regularization process. Prefectures can refuse an application for a residence permit on the grounds that the person has not left the country within the time limit set by a previous OQTF.
Risk of administrative detention
During the 3-year period of validity of the OQTF, the individual may be placed in an administrative detention center or placed under house arrest if removal is deemed possible. This risk persists as long as the OQTF is in force.
French re-entry ban (IRTF)
If the expulsion order is not complied with, an IRTF may be applied, making any further entry into France illegal for the duration of the ban.
Registration in the SIS file (Schengen Information System)
An OQTF can lead to registration in the SIS, which can complicate entry into other Schengen countries.
It is therefore essential to have a clear understanding of the legislative and regulatory texts relating to the OQTF, and to be accompanied by a professional in immigration law in order to take the appropriate steps.
What appeals are available when an OQTF is issued?
You have several options for challenging this decision.
Administrative appeal
It consists in asking the administration to reconsider its decision, without going before a judge. There are two types of appeal:
- Recours gracieux: addressed to the prefect who took the decision, this appeal aims to obtainthe withdrawal, repeal or modification of the OQTF.
- Recours hiérarchique : addressed to the Minister of the Interior, this involves requesting the intervention of a higher authority to obtain the withdrawal, abrogation or modification of the OQTF.
These appeals must be lodged within 2 months of notification of the OQTF. It is important to note that these steps do not interrupt the time limits for bringing a case before the administrative court.
Do you need legal assistance to draft your administrative appeal?
Goldwin Partners ‘ lawyers can help you draft and follow up your appeal.
Contact them on +33 (0) 186708300 or via their online form: https: //gpartners-avocat-etrangers.com/contact/
Litigation before the administrative court
The contentious appeal is used to oppose the OQTF before the competent administrative court. This is a recours pour excès de pouvoir, aimed at having the decision annulled on grounds of illegality.
To initiate this recourse, it is necessary to :
- Submit a written request outlining the grounds for contestation.
- Attach all relevant supporting documents, such as a copy of the OQTF, identity documents, proof of residence in France, proof of infringement of the right to private and family life, etc.
This appeal is generally suspensive, i.e. it prevents execution of the OQTF until the court has made its decision.
If you are considering legal action, please call +33 (0) 1 86 70 83 00.
Time limits for action depending on the situation
The time limits for contesting vary according to the situation of the person concerned:
- Deadline for voluntary departure: the appeal must be lodged within 30 days of notification.
- Without deadline for voluntary departure: the appeal must be lodged within 15 days of notification.
- Notified in administrative detention: the appeal must be lodged within 48 hours of notification.
Watch out for deadlines!
The deadlines for taking action are strict, and failure to respect them may result in your appeal being inadmissible.
To avoid any errors, please contact Goldwin Partners quickly on +33 (0) 1 86 70 83 00 or via our contact form.
What are the criminal penalties for returning to France during an IRTF?
A foreigner returning to France during a ban on re-entry (IRTF) is liable to :
- Up to 3 years in prison.
- 10,000 fine.
- A new ban from French territory.
Article L.824-9 of the CESEDA:
” It is punishable by three years’ imprisonment for a foreigner to evade or attempt to evade the enforcement of an administrative ban from French territory, an obligation to leave French territory or a deportation order. ”
What should you do if you voluntarily leave the country?
Complying with an OQTF allows you to apply for a visa to return without being subject to an IRTF.
After how long can I apply for a return visa?
It all depends on your situation.
If no ban on re-entry (IRTF)
You can apply for a visa immediately after leaving France, as long as you have complied with the OQTF and have a solid project (studies, family, work, etc.).
Example : You leave France in compliance with the OQTF and then apply for a student visa.
If a FTIR is imposed
You must wait until the end of the ban (6 months to 5 years, exceptionally 10 years). You may apply for an early discharge.
Ex : A 3-year IRTF means no visa application for 3 years, unless lifted early.
Documents to be supplied
In all cases, you must prove :
- No threat to public order ;
- Strong ties with France (family, studies…);
- Compliance with the OQTF.
Key points to remember about the expiry of an OQTF
It ends in three specific cases:
- On expiry of the 3-year validity period, since the reform of January 26, 2024.
- If the Préfecture decides to withdraw or revoke the OQTF.
- If the contentious appeal results in annulment by the administrative court.
It’s essential to be aware of these deadlines so as not to aggravate your situation, and to anticipate any steps you may need to take to regularize your situation or return to France legally.
Each situation is unique, and requires a precise analysis.
If you are concerned by an OQTF, or have any doubts about its duration or consequences, visit
. Don’t wait. Contact Goldwin Partners, a law firm specializing in immigration law, for a personalized analysis and practical advice.
Call +33 (0) 1 86 70 83 00 or book an appointment on our contact page.
