When a foreign national under an OQTF wishes to marry in France, the question is crucial: is it still possible, and with what consequences? Yes, the right to marry remains guaranteed today even in the case of an irregular stay, in accordance with the ECHR and constitutional case law, but this union does not cancel the obligation to leave the territory and does not, in practice, prevent the enforcement of an OQTF. In this guide, the G-Partners firm, lawyer for OQTF, explains in detail your rights, the applicable law, the possible national and European provisions, as well as the legal remedies that may be considered to protect your couple.
Understanding the OQTF and its consequences
Definition and legal basis
The OQTF (Obligation to Leave French Territory) is an administrative decision provided for by the provisions of the CESEDA (Code on the entry and stay of foreigners and the right of asylum). It is issued when the administration considers that a foreign national is in an irregular situation on French territory: an expired visa, a rejected asylum application, or a refused residence permit. In accordance with art. L.611-1 et seq., the Prefect notifies the measure in writing and sets a time limit to leave France. As long as it has not been suspended or annulled, this decision remains enforceable. Many people discover this mechanism with shock, upon receiving an official notice they struggle to understand, given how technical the legal texts are.
Immediate consequences and penalties for non-compliance
Receiving an OQTF changes everything: in an instant, a life built in France is threatened. The time limit to leave the territory is in principle 30 days, but the administration can also issue an OQTF without a voluntary departure period, notably in cases of threat to public order, risk of absconding, or following certain asylum-related decisions.
After this period, the risks are severe: forced enforcement of removal, ban on re-entry to French territory (IRTF) which can last for several years depending on the case, and possibly placement in an administrative detention center.
Many foreign nationals think they will still have time, but deadlines are extremely short. To understand these time limits, see our dedicated page on the duration of an OQTF.
Rights maintained despite an OQTF
Even in an irregular situation, an OQTF does not deprive you of all your rights: certain freedoms remain. A foreign national notably retains:
- the right to marry, guaranteed by Article 12 of the ECHR (European Convention on Human Rights) and reaffirmed several times by the Constitutional Council,
- the right to file an administrative or judicial appeal,
- the right to legal assistance from a lawyer to challenge the decision.
These rights are crucial, because they make it possible to fight deportation and build a future in France. In some cases, a marriage or regularization based on family life can offer a new way forward. To go further, see our practical advice on obtaining a residence permit after an OQTF.
Can you get married under an OQTF?
Conditions and documents to provide
Marriage does not automatically protect against deportation, but a foreign national in an irregular situation can still file a civil marriage application at the town hall. The conditions are the same as for any couple:
- be of legal age,
- consent must be free,
- not already be married (as polygamy is prohibited in France)
- provide the required documents (birth certificate, proof of identity, certificate of celibacy, sometimes consular card).
The absence of a residence permit is not a legal ground for refusal. The Civil Code does not make the right to marry conditional on lawful residence: the absence of a residence permit is therefore not, in itself, a legal ground for refusal.
The role of the mayor and the public prosecutor
The mayor, as a civil registrar, has the obligation to proceed with the celebration of the marriage. However, if he suspects fraud (for example a sham marriage intended solely to obtain a residence permit), he may refer the matter to the public prosecutor for a prior investigation or objection, but the municipal authority must apply the law, and in the event of serious doubt, the prosecutor’s office decides.
The mayor may refer the matter to the public prosecutor in case of suspected fraud. The prosecutor may then order a postponement of the ceremony for one month, renewable once, in order to verify the validity and sincerity of the marriage project, or file an objection if the legal conditions are not met.
But the mere existence of an OQTF does not justify a refusal.
Recent widely publicized cases have reminded us of this: refusing solely on the grounds of irregular status exposes the town hall to judicial censure.
For example, in Béziers, Robert Ménard refused to celebrate the union of a Franco-Algerian couple on the grounds that the future husband was subject to an OQTF. Despite instructions from the prosecutor to proceed with the marriage, the mayor opposed it, refused a plea hearing, and the case was referred to the criminal court. This case revived a political debate on the possibility of refusing certain marriages when one of the future spouses is in an irregular situation. A bill aiming to prohibit marriage in France when one of the future spouses is staying irregularly was adopted by the Senate in February 2025, but the text has not, to date, been definitively adopted by Parliament.
PACS and cohabitation as alternatives
In addition to marriage, there are less restrictive forms of union:
- Legally, PACS (civil solidarity pact) can be concluded with a foreign national even without a residence permit, as the law does not make its conclusion conditional on lawful residence. It helps prove the stability of the relationship but does not grant the same residence rights as marriage.
- Cohabitation (a shared life proven by evidence: joint lease, bills, bank accounts) can be used to demonstrate the length of a relationship in a future residence permit application.
These alternatives do not prevent removal proceedings, but they constitute useful evidence for a regularization file.
What are the consequences of a marriage under an OQTF?
Marriage does not cancel the OQTF
The decision remains valid as long as a judge has not suspended or annulled it. The central question remains: I received an OQTF, what should I do? A marriage can, however, serve as a new element for a residence permit application.
In practical terms: you can get married, but if you have not initiated proceedings within the deadlines, the administration can still remove you from France. To limit this risk, it is essential to prepare the marriage and the challenge in parallel: respect the deadlines, check whether the procedure has a suspensive effect, and gather all evidence of cohabitation. The goal: avoid celebrating the union under the immediate threat of deportation.
Towards regularization as the spouse of a French national
Marriage can open the door to a residence application. Indeed, Article L.423-1 of the CESEDA provides that a foreign national married to a French citizen may apply for a “private and family life” residence permit, provided that the couple genuinely lives together.
This means that the prefectural authority does not rely solely on the marriage certificate issued by the town hall: it checks the sincerity of the union. The administration may request documents such as a joint lease, bills, or proof of shared income. The aim is to ensure that it is not a sham marriage, prohibited by law and punished by the courts (up to 5 years’ imprisonment and a €15,000 fine).
This process is a lengthy administrative procedure: review by public services often takes several months. The decision also depends on respect for freedom to marry, guaranteed by the Constitution and confirmed by the Constitutional Council and the European Convention on Human Rights.
Even if regularization is never automatic, it remains a legitimate hope for many mixed couples. It makes it possible to turn a fragile project, threatened by an obligation to leave the national territory, into a life project recognized by the Republic, in compliance with French law and European commitments.
If you are under an OQTF and are considering marriage, do not wait to consult a lawyer specialized in immigration law. Maître Olivia ZAHEDI, lawyer and co-founder of the G-Partners firm, will support you in securing your steps and defending your rights.
Investigations into the sincerity of the marriage
When a foreign national in an irregular situation marries a French citizen, the administration or the public prosecutor may initiate an investigation to ensure that the union is not solely intended to obtain a residence permit. This is a frequent procedure, especially when one of the future spouses is subject to an OQTF.
These checks take several forms:
- Separate interviews: each spouse is questioned individually, sometimes at the town hall, sometimes before the prosecutor’s office. Questions cover how they met, daily life, family, habits. Inconsistencies between answers can raise suspicions.
- Home visits: agents may visit the declared home to check whether the couple truly lives together. They examine the layout of the home, the presence of personal belongings or shared items (photos, clothing, everyday objects).
- Inquiries into cohabitation: the civil registrar or the administration may request supporting evidence: joint bank statements, bills, testimonies from relatives, children’s school registrations, etc.
If the authorities consider it to be a sham marriage (intended solely to obtain a right to stay), the consequences are serious. Article L.623-1 of the CESEDA provides for criminal prosecution (up to 5 years in prison and a €15,000 fine). The marriage may also be annulled by the judge, and the residence permit application refused.
There is also the notion of a “grey marriage”, where one spouse deceives the other about their intentions (e.g., a French national manipulated by a foreigner who is only seeking a residence permit). This type of fraud is also punished and leads to prosecution.
For a genuine couple, it is therefore crucial to prepare the file carefully and be able to demonstrate the reality of the relationship. Support from an immigration lawyer helps anticipate these checks and avoid procedural errors or missing documents being interpreted as signs of fraud.
IMPORTANT! Marriage, including in the early years, never automatically blocks a removal measure. It is the reality and duration of cohabitation, assessed in light of Article 8 ECHR and the CESEDA, that make it possible to challenge an OQTF or obtain a residence permit.
What remedies are available after a marriage under an OQTF?
Referral to the administrative court
After an OQTF is notified, the court may suspend the prefectural opposition or annul it; pay attention to filing times and the expiry of deadlines.
The time limits for appeal vary depending on the type of OQTF:
· in principle 30 days in the case of an OQTF with a voluntary departure period,
· shorter time limits (15 days or 48 hours) in the case of an OQTF without a departure period or in the event of detention/house arrest, depending on the applicable texts.
The challenge must be filed with the competent administrative court. The judge reviews the legality of the prefectural decision: respect for the right to marry, protection of family life (Article 8 ECHR), proportionality of the measure, errors of law or fact.
Marriage does not automatically stop enforcement of the obligation to leave the territory, but it can be presented as a new element. The court may then decide to suspend or annul the removal.
Residence permit application as the spouse of a French citizen
Once married, the foreign national may file an application for a “private and family life” residence permit. The file must be complete and include the marriage certificate, the French spouse’s identity documents, as well as evidence of cohabitation (lease, bills, bank statements, attestations).
The Prefect’s office assesses the application in light of the right to respect for private and family life guaranteed by Article 8 of the ECHR and by the CESEDA. It may summon the couple, request additional documents, or carry out checks. If the application is refused, an administrative or judicial appeal remains possible to challenge the decision and defend the reality of the union.
Which laws govern the marriage of foreign nationals?
In France, the marriage of foreign nationals is protected by several texts that guarantee freedom to marry.
- The Civil Code sets the rules common to everyone: legal age, free consent, and absence of bigamy. These conditions apply to French citizens as well as foreign nationals, including those in an irregular situation.
- The CESEDA (Code on the entry and stay of foreigners) specifies the rights attached to union with a French national. Article L.423-1 of the CESEDA allows the foreign spouse of a French citizen to apply for a “private and family life” residence permit, subject to meeting several conditions (notably lawful entry, genuine cohabitation, transcribed marriage where applicable). In practice, the administration checks the reality of the union and issuance of the permit is never automatic.
- Finally, Article 12 of the European Convention on Human Rights and the case law of the Constitutional Council recall that the lawfulness of presence on national territory cannot justify a ban on marriage.
In other words, a person without papers retains the right to celebrate their marriage before a civil registrar, and any bill seeking to prohibit this raises a constitutional and European debate on the protection of freedom to marry.
Marriage, OQTF, and the future in France: often overlooked aspects
The impact of marriage under an OQTF on deadlines and appeal strategies
The timing of the marriage can significantly change how an action is presented before the administrative court.
- Example 1: marriage before an appeal: A foreign national under an OQTF who marries a French citizen before seizing the judge can immediately invoke protection of family life (Article 8 ECHR). This new element strengthens the file and may convince the judge that removal would be disproportionate.
- Example 2: marriage after an appeal. If the marriage takes place after proceedings have already begun, the lawyer may ask to supplement the file with this new situation. The judge or the Prefect must then re-examine the case, because the person’s family situation has changed.
The consequences of an investigation for sham marriage
Under an OQTF, suspicion of a sham marriage is even stronger, because the administration fears unions intended solely to circumvent deportation. An investigation may include separate interviews, home visits, or requests for evidence of cohabitation.
Example: if spouses give contradictory answers about how they met or their daily life, the prosecutor may conclude that it is fraud.
A marriage deemed fictitious leads to serious consequences:
- inability to obtain a residence permit,
- a ban on legally returning to France,
- and criminal penalties of up to 5 years in prison and a €15,000 fine (Article L.623-1 CESEDA).
The long-term effect of marriage under an OQTF on access to nationality
In theory, a foreign national married to a French citizen may apply for French nationality after 4 years of marriage and cohabitation (3 years only in certain cases, notably if the couple has lived at least one year in France since the marriage), in accordance with Article 21-2 of the Civil Code. But a past OQTF leaves traces in the administrative file.
Example: a spouse who has already been subject to an OQTF will have to prove their integration even more solidly (stable employment, language proficiency, respect for the law). The prefectural authority may use this previous measure as an indicator of fragility and delay or refuse the application. Thus, even if marriage opens the way to obtaining a residence permit, the weight of an OQTF can complicate the path to nationality and require rigorous administrative follow-up in the long term.
Support from a lawyer to strengthen the file
In practice, many couples make mistakes that compromise their project:
- filing an incomplete file,
- forgetting a mandatory document,
- files submitted out of time,
- lack of tangible proof of the reality of the relationship.
These mistakes, often due to the complexity of the procedures, can lead the administration or the prosecutor to block or delay the process.
A lawyer in immigration law plays a decisive role here:
- they know the exact requirements of prefectures,
- They anticipate the checks by the prosecutor’s office,
- they help build a strong file that complies with the legal texts.
In the event of opposition by the mayor or an investigation into the sincerity of the marriage, the lawyer knows how to mobilize the appropriate legal arguments and recall the guarantee of the right to marry.
Conclusion
Getting married under an OQTF is possible, but it does not cancel the removal measure. The union may, however, open a path to regularization as the spouse of a French citizen, provided that the sincerity and stability of the relationship are proven. Faced with complex procedures and tight deadlines, support from a specialized lawyer is indispensable.
When facing an OQTF, every day counts. The G-Partners firm in Paris puts its expertise at the service of couples to secure their steps, challenge prefectural decisions, and protect their shared future.
Book an appointment now.
Frequently asked questions about OQTF appeals
Can you convert a PACS into a marriage under an OQTF?
Yes. Ending a PACS allows you to get married afterwards, even in an irregular situation. However, as with any marriage, you will have to prove the sincerity of the relationship and meet the conditions of the Civil Code. The prior PACS can be strong evidence of stability in the regularization file.
What happens if the OQTF is enforced after the marriage?
If deportation is carried out despite a recent marriage, the French spouse may file an application for a long-stay visa “spouse of a French citizen” with the consular authorities. The standard family reunification scheme applies to families of foreign nationals who already hold a residence permit in France.
This procedure is lengthy and does not guarantee a quick return. The couple will have to demonstrate the sincerity of the marriage and the reality of cohabitation before the removal.
How long does it take to obtain a residence permit after marriage?
The timeframe varies depending on prefectural centers. On average, you should expect several months, or even more than a year, for the file to be processed. During this time, the foreign national remains exposed to the risk of removal if no challenge has been initiated. Hence the importance of legal support from the moment the application is filed.
Does a religious marriage of a foreign national in an irregular situation have any legal effect?
No. Only a civil marriage celebrated at the town hall with consent produces legal effects in France. A religious marriage, even if recognized by a community, has no legal value. To obtain a residence permit as a spouse, only the civil certificate counts.
Can you get divorced with an OQTF?
Yes, you can get divorced even under an OQTF. This measure concerns only residence status, not family law. Divorce remains possible in France, whether amicable or contentious, because it falls under the Civil Code and the right to private and family life protected by Article 8 ECHR. The foreign national must, however, be present or represented by a lawyer.
Warning: divorce can weaken residence rights, especially if the OQTF concerns a spouse of a French citizen. In that case, the prefecture may refuse a residence permit without any other solid grounds.
