The ban on returning to French territory is one of the most severe exclusion measures in French immigration law. Issued by the prefecture or the competent authority, it prevents a non-French national from returning to France for a fixed period, sometimes several years.
Often linked to an obligation to leave French territory (OQTF), this sanction can block any later application for a residence permit and applies throughout the Schengen Area.
The consequences are serious: family ties, professional prospects, and, more broadly, the ability to rebuild a life in France.
Assistance from an immigration lawyer is often essential to understand the administrative procedure and identify the available remedies to lift, or even challenge, this decision.
But to do that, you must act quickly!
Key points to remember
- Nature and scope of the IRTF : it is an administrative sanction distinct from the OQTF that bans re-entry into France for a period that can range from a few months to 10 years, with automatic entry in the Schengen Information System (SIS II).
- Grounds for issuance: it is generally linked to failure to comply with an OQTF, but it may also result from public order considerations, criminal convictions, or administrative fraud.
- Duration and effects : from 2 to 10 years, extendable in case of repeat offenses. During this time, it blocks any residence permit application and makes entry into the entire Schengen Area impossible.
- Personal and criminal consequences: major family, social, and professional impacts. In case of violation, the person faces 3 years in prison and a €3,750 fine, as well as a new ban.
- Appeals and repeal: several ways to challenge exist (gracious appeal, hierarchical appeal, litigation), but they are subject to very short deadlines. Repeal or reduction may be possible if new or favorable circumstances arise, often with the help of a lawyer.
Understanding the IRTF: definition, purpose, and legal framework
What is the IRTF?
The IRTF (Interdiction de Retour sur le Territoire Français) is an administrative measure that prohibits a foreign national from returning to France for a fixed period, ranging from a few months to ten years depending on the case. This decision comes with registration in the Schengen database, extending the ban on movement to the entire European area (27 countries).
It often applies in addition to an obligation to leave, but it is a separate act, notified separately and required to be clearly explained.
Throughout the period set:
- Any attempt to cross the border may result in immediate removal or prosecution.
- The person’s identity is recorded in a European database (SIS II), checked at every control point at the external borders of member states.
A foreign national can be subject to an IRTF even if they are well established with stable employment. In some cases, individuals are not even aware they are targeted, especially when the information provided is incomplete or hard to understand.
The duration and conditions of application must be stated in the decision. Lack of clarity or an irregular notification may allow the measure to be annulled if steps are taken quickly with appropriate legal support.
Difference between OQTF, IRTF, IAT and ICTF?
It is not always easy to navigate these acronyms. Here are a few explanations of these measures under the CESEDA (French Code on the Entry and Stay of Foreign Nationals and the Right of Asylum):
- OQTF (obligation to leave the territory): issued by the prefect, it requires leaving France with a deadline (30 days) or without a deadline under an accelerated procedure. If it is not carried out or if the person remains beyond the deadline, it may lead to an IRTF. (Articles L. 611-1 to L. 612-3 CESEDA)
- IRTF: (ban on returning to French territory), often linked to an OQTF, entails registration in the Schengen database and impacts stays across the European Union. It is mandatory if no deadline is granted or if the OQTF is not complied with, except for humanitarian grounds. (Articles L. 612-6 to L. 612-11 CESEDA)
- IAT (administrative ban from the territory): issued by the Minister of the Interior for public security reasons. This territory ban may be temporary or permanent. (Articles L. 631-1 et seq. CESEDA)
- ICTF (ban on circulation within French territory): mainly targets EU citizens, restricting their movement in France. It may result from a court order, an expulsion measure, or house arrest. (Articles L. 632-1 to L. 632-3 CESEDA)
Failure to comply may lead to administrative detention in a specialized center, house arrest, or criminal penalties.
In what cases can an IRTF be issued?
After an OQTF and in case of failure to comply with the voluntary departure deadline
The most common situation arises when an OQTF with a deadline or an OQTF without a deadline has been notified by the prefect and the person has not left France. This refusal to comply with the legally required departure from the territory may, as a matter of law, lead to an entry ban. In some cases, the person may be placed in administrative detention or put under house arrest.The duration is set according to the seriousness of the facts and the conditions of residence.
Until a judge has ruled after your appeal, you are not considered to be in an irregular situation.
For public order reasons or following a conviction
Even in the absence of a prior OQTF, Articles L. 612-6 et seq. of the CESEDA allow an entry ban to be issued when a foreign national constitutes a threat to public order. This includes, in particular, facts such as:
- violence,
- drug trafficking,
- serious offenses against property,
- or repeated breaches of entry and stay rules.
In addition, a criminal conviction issued by a court may justify an IRTF. In the most serious cases, for example certain crimes punishable by imprisonment, the duration of the ban may be set close to the legal maximum (up to 10 years).
Other situations provided for by the CESEDA
The CESEDA also provides for a return ban in specific cases, such as:
- use of forged or fraudulent documents,
- intentional concealment of essential information during a procedure,
- certain situations where a ban on leaving the territory is linked to an administrative or judicial decision.
Are you targeted by one of these sanctions?
G Partners Law Firm, based in Paris, can review your situation, prepare an appropriate appeal, and defend your rights before the competent jurisdiction. Contact us now for personalized assistance and to preserve your chances of staying in or returning legally to France.
Duration and effects of an IRTF
IRTF duration depending on the situation
This may vary depending on the grounds and the person’s situation. Generally, the CESEDA sets a maximum limit of 2 years for standard cases, which may go up to 5 years, and up to 10 years in cases involving a threat to public order or a criminal conviction.
A 2-year extension is possible if the person remains despite an OQTF or returns before the end of the IRTF.
The period starts running from the time the OQTF is carried out, i.e., the day the person leaves France or the European Union. The person must therefore calculate the duration from that specific date. In straightforward cases (for example a first IRTF following non-compliance with an OQTF), the ban is often set between 1 and 3 years.
The criteria taken into account include:
- length of stay in France,
- family or professional ties,
- previous removal measures,
- seriousness of offenses,
- threat to public order,
- guarantees of appearance.
The decision must provide reasons in law and in fact to allow an effective appeal. A reduction or repeal remains rare and requires favorable new elements.
Effects on residence permit applications and entry into the Schengen Area
The IRTF acts as a legal barrier to any residence permit application. This exclusion measure applies to all permits (residence cards, resident cards, specific permits) and blocks regularization except in humanitarian cases or to preserve family unity with a French national.
Automatic registration in the European non-admission database (SIS II) extends its effects to the entire Schengen Area and leads to:
- visa refusal in all member states,
- a ban on entry at external borders,
- the possibility of being stopped during internal checks.
If the person returns to France before the measure expires, they face criminal penalties (up to 3 years of imprisonment).
An annulment by the administrative court through litigation or a repeal may result in lifting the ban. However, an IRTF does not prevent filing an asylum application.
Finally, the mere existence of an IRTF notified more than three years ago, if it is not tied to a recent OQTF, does not allow placing the person in administrative detention or under house arrest (Court of Cassation case law, 17 Nov. 2021 – Appeal No. 20-17.139).
Consequences of an IRTF
On personal and family life
Forced separation from loved ones is one of the most painful outcomes, especially when a family or children are involved. Beyond the legal aspects, the IRTF has very concrete effects: inability to maintain family ties in France, absence from major events such as funerals, a wedding or a birth, and loss of certain social rights the person may have been entitled to.
For a married couple, maintaining this sanction can end any shared plans. When one spouse has lawful status, the imposed separation brings not only emotional distance but also lasting psychological and material impacts. Courts sometimes accept that a serious interference with family life justifies repeal, but this remains exceptional.
For a child, two choices arise: follow the removed parent and lose school and social stability, or remain in the country and live separated. International instruments protect the child’s best interests, but their practical application remains uncertain, often leaving families in great insecurity.
Criminal implications in case of unauthorized return
In case of non-compliance, the law provides for criminal penalties: up to three years of imprisonment and a €3,750 fine. This penalty may be accompanied by additional return bans.
It applies as soon as the person registered in the control system crosses the border, including for airport transit. Aggravating circumstances include repeat offenses, committing other crimes, using forged documents, or organizing the return through smuggling networks.
Good faith or refusing to acknowledge the measure does not remove liability: proper notification is enough to presume the person was aware of it.
Appeals to challenge an IRTF
First, it is important to distinguish three mechanisms: repeal, annulment, and reduction of the IRTF.
| LEGAL TERM | WHO DECIDES? | EFFECT OVER TIME | CONCRETE EXAMPLE |
|---|---|---|---|
| Repeal | Prefecture (or sometimes the court) | The measure ends for the future, but remains valid for the past | A 3-year IRTF is repealed after 1 year → the person can return legally from the repeal date |
| Annulment | Administrative court | Retroactive disappearance: as if the measure never existed | A 3-year IRTF is annulled after an appeal → the person can return immediately, and the administrative record is “cleared” of this decision |
| Reduction | Prefecture (most often) | The duration is shortened but the measure remains valid | A 3-year IRTF is reduced to 18 months → the person must wait until the end of the 18 months to enter France again. |
How to obtain annulment?
This challenge can be made in three ways, from the moment the IRTF notification is handed to the person:
- Gracious appeal: addressed directly to the authority that issued the decision. This is an amicable request for review, often faster but with a limited success rate.
- Hierarchical appeal: submitted to the Minister of the Interior, who may cancel or amend the prefecture’s decision.
- Litigation: filed before the competent administrative court. This is the most legally robust route, but it requires strict compliance with deadlines and, ideally, the assistance of a lawyer.
These steps are free of charge but subject to strict deadlines, which are essential for the challenge to be admissible: 30 days in the standard procedure, 7 days in case of house arrest, 48 hours in detention. Once seized, the judge reviews the legality and proportionality of the act. Advice from a lawyer is therefore decisive.
Admissible arguments
The challenge may rely on:
- procedural defects (insufficient reasoning, irregular notification, signature by an incompetent authority),
- substantive arguments (excessive interference with family life, manifest disproportionality),
- or humanitarian grounds (health, advanced age, dependency).
What if the deadlines have passed?
A late appeal remains possible, but only in case of a major defect (no notification, blatant illegality) or new elements (marriage, birth, significant change in circumstances).
Removal or reduction
Early lifting of the IRTF may be requested if the context has changed or if guarantees of integration appear (stable employment, family ties, no repeat offenses). The request, sent to the prefecture service, must be supported by strong evidence.
When repeal is not possible, the person may request a reduction of the duration, for example in case of exceptional hardship or an initial error. The administration assesses the request, but a refusal may again be challenged.
Common mistakes that worsen an IRTF
Many foreign nationals underestimate the indirect implications of an IRTF and make mistakes that prolong or worsen their situation. The most common is attempting to return to France or the Schengen Area during the ban period: this conduct not only leads to an automatic refusal but also exposes the person to criminal prosecution.
Another frequent mistake is filing a visa application directly with a French prefecture instead of applying through consular authorities from the country of residence, which systematically results in refusal.
Finally, ignoring appeal deadlines or failing to prepare a strong repeal file eliminates any future possibility of regularization. These errors, often due to lack of legal knowledge, can keep a person registered in the Schengen database for a long time and make lawful return to Europe even more difficult.
Support from an expert IRTF lawyer
Why hire a lawyer?
Handling a case involving a return ban requires precise analysis and rigorous follow-up. An experienced professional provides tailored advice, identifies procedural weaknesses, and defines a personalized strategy.
They master the applicable rules and can spot errors or shortcomings that may affect the outcome, such as improper notification or an incorrect alert entry. This expertise helps anticipate regulatory developments and adapt the defense.
Representation before the competent authorities also requires strong knowledge of evidentiary rules and advocacy techniques. The professional will prepare a clear file, structure the legal arguments, and present each point persuasively.
Support typically includes:
- assessment of the case’s strength
- careful preparation and drafting of the necessary documents
- assistance during interviews or hearings
- management of an accelerated procedure or administrative detention
- follow-up until the measure is removed or modified
If you are subject to an IRTF or know someone affected, contact G. Partners Law Firm without delay to obtain a personalized review and effectively defend your interests.
Conclusion: Protect your rights with appropriate legal expertise
The IRTF is one of the most restrictive measures in immigration law, with lasting effects on personal, family, and professional circumstances. Its legal complexity and the variety of situations it may cover require specialized support to identify the right remedies and maximize the chances of success.
Administrative case law evolves constantly, offering new opportunities to challenge decisions but also requiring continuous legal monitoring. The expertise of an experienced immigration lawyer therefore becomes decisive to navigate this regulatory and case-law complexity.
G Partners Law Firm has the expertise to support you in all procedures related to the IRTF: analysis of your case, assessment of your chances of success, drafting of appeals, representation before administrative courts, and follow-up of repeal requests. Our personalized approach takes into account each person’s circumstances to build the most effective legal strategy.
Do not wait until appeal deadlines expire. Every day counts, and early intervention by a professional can make all the difference.
Contact Maître Olivia Zahedi, for a personalized consultation and learn how we can help you regain your freedom of movement and future prospects in France.
Frequently asked questions about the IRTF
How can I know if I am subject to an IRTF?
The administration normally notifies the foreign national in writing. This IRTF notification must state the maximum duration provided for by the CESEDA and the available remedies. In practice, many affected foreign nationals discover the ban during a police check at the border. The notification may be challenged before the administrative court as part of a legal challenge.
What are the average processing times for a request to repeal or reduce an IRTF?
There is no fixed timeframe. Some prefectural services respond within a few months, while others may take more than a year. A lack of response can be challenged before the administrative court.
Does the IRTF block an application for a residence permit?
Yes. The IRTF prevents any application for a residence permit during its period of enforcement. The prefecture systematically relies on the existence of the IRTF and automatically rejects any attempt at regularization, whether for private and family life, work, or any other basis. As long as the IRTF has not expired or been repealed, no residence card can be issued. Only exceptional situations, such as a marriage to a French citizen or the birth of a French child, may justify a prior request for repeal.
Can an IRTF always be repealed?
No. Its repeal is not automatic and remains at the discretionary assessment of the prefectural authority. It requires meeting strict criteria: a minimum period of one year after the effective departure, proof of a favorable personal change, and the absence of any new threats to public order. Statistically, the acceptance rate for repeal requests remains low.
What is the difference between an ITF and an IRTF?
The ITF (ban from French territory) is a punitive measure ordered by a criminal judge, generally following a serious crime or offense. It is an integral part of the sentence and leads to expulsion after any custodial sentence has been served. It can be challenged on appeal. The two measures may coexist.
The IRTF, on the other hand, is an administrative sanction, not a criminal one, ordered by the prefect. It is often associated with a removal decision and sets a period during which the foreign national may not return.
