When a foreign national is issued an Order to Leave French Territory (OQTF), the administrative decision states whether a 30-day period is granted for voluntary departure, or whether the OQTF is issued without a time limit, meaning immediate enforcement. These two regimes are set out in the Code on the Entry and Stay of Foreign Nationals and the Right of Asylum (CESEDA) and are also referenced on the official public-information website Service-public.fr.
This article explains the difference between an OQTF with a voluntary departure period and an OQTF without a departure period, the conditions under which each applies, the possible remedies before the administrative court, and the practical effects on your stay, residence and the possibility of returning to France. You will find reliable guidance to understand when and how to challenge the decision, when an appeal may be suspensive, and when rapid action is essential to protect your rights with the assistance of a lawyer specialised in immigration law.
Before looking at deadlines and procedures, let us clarify what an OQTF is from a legal standpoint.
Key points to remember
- OQTF with a time limit: voluntary departure within 30 days; OQTF without a time limit: immediate enforcement and risk of administrative detention.
- To challenge the decision: filing before the administrative court is normally possible within 2 months, but the deadline may be shortened to 48 hours or 7 days in specific situations (detention, administrative detention, house arrest).
- A suspensive appeal prevents removal if filed in time; otherwise, the measure may be enforced quickly.
- An OQTF affects your stay, employment, housing and your future ability to return to France.
- Acting fast, with the support of a lawyer specialised in immigration, increases the chances of success.
What is an OQTF? Legal definition and administrative framework
An Order to Leave French Territory (OQTF) is an administrative measure issued by the Prefect when a foreign national no longer has the right to remain in France. It is based on the CESEDA provisions governing entry, residence, removal and the safeguards applicable to foreign nationals.
It may be accompanied by other related decisions: a ban on returning to France, designation of the country of removal, house arrest, or placement in an administrative detention centre. Once notified, deadlines to challenge the decision start running—sometimes very short—so acting quickly is crucial.
Why an order to leave is issued: grounds and purpose
An OQTF is not a moral sanction. It is an administrative measure intended to bring an unlawful stay to an end. It may be issued in several situations: refusal of a residence permit, expiry of a permit, irregular entry, threat to public order, or the final rejection of an asylum application.
Its immediate effect: the obligation to leave France within the stated period, or immediately if no period is granted.
This measure impacts professional life, social rights, ongoing administrative steps and the ability to obtain a residence permit later on. Legal support helps clarify the real consequences of the decision.
To determine whether your situation allows for a suspensive appeal or a new residence-permit application, you may consult the G-Partners law firm in Paris.
Who may be concerned by an OQTF: typical profiles and real-life situations
The most common examples include:
- refusal to renew a residence permit,
- rejected asylum application,
- identity check revealing an unlawful stay,
- expired visa without regularisation,
- serious threat to public order,
- irregular entry established by border police,
- document fraud or identity theft,
- academic failure for international students.
Each situation has different consequences in terms of deadlines, remedies and the possibility of remaining in France after an OQTF.
Types of OQTF: with a time limit and without a time limit
This is where the key distinction begins: a voluntary departure period versus immediate enforcement.
That difference determines everything: the appeal strategy, whether you may remain in France, the risk of detention, the length of any re-entry ban, and the legal approach.
OQTF with a voluntary departure period
In this case, the person has 30 days to leave France by their own means. There is no immediate forced removal: no automatic detention, no same-day expulsion.
The administrative appeal must generally be filed within 2 months of notification, unless the person is in a specific situation (detention, administrative detention, house arrest).
It has a suspensive effect: until the administrative court has ruled, the removal measure cannot be enforced.
This period is important to prepare the case, gather documents, seek expert assistance and demonstrate stable residence or personal and family ties.
OQTF without a voluntary departure period
An OQTF without a time limit requires immediate departure from France. Forced removal can occur as soon as the decision is notified, with placement in an administrative detention centre or house arrest.
The standard appeal deadline is the same as for an OQTF with a voluntary departure period, i.e. 2 months.
It is in principle automatically accompanied by a ban on returning to French territory (IRTF), unless the Prefecture issues a reasoned decision to the contrary for humanitarian or specific reasons.
In this scenario, the legal strategy must be fast, precise and supported by a lawyer used to emergency proceedings.
OQTF with a time limit vs without a time limit: practical consequences
The differences are not merely theoretical: they change day-to-day life, social rights and future prospects in France.
These consequences affect work, housing, administrative pathways, access to healthcare and even the ability to return legally to France one day.
Suspensive effect of an appeal: can you stay in France during the proceedings?
An appeal filed within the applicable deadline is automatically suspensive. You may continue to reside in France until the administrative court issues its decision.
Ban on returning to France (IRTF): duration and consequences
The ban on returning to French territory (IRTF) is an additional decision issued alongside an OQTF when the administration considers that a prompt return to France should be prevented. It is clearly stated in the notification and takes effect immediately, unless a suspensive appeal is filed within the deadline.
The duration of an OQTF varies depending on the situation. It is set by the Prefect: in principle it cannot exceed 5 years, except where there is a serious threat to public order or repeated non-compliance with removal measures, in which case it may extend up to 10 years.
In practice, many IRTFs are set for shorter periods (one to three years), but the legal maximum has been increased by recent reforms.
An IRTF has immediate legal effects:
- Entry in the SIS (Schengen Information System): the ban is visible across all Schengen countries.
- Near-automatic refusal of a visa during the entire ban period.
- Blocking any attempt to return legally to France, even for short stays.
- Likely refusal of any new residence-permit application until the end of the specified period.
In practice, an IRTF severely complicates any life plan: family reunification, resuming studies, professional activity, or even attending family events in France.
However, an IRTF is not irreversible. It may be lifted or shortened if new circumstances arise:
- birth of a child in France,
- marriage or civil partnership (PACS) with a French national,
- a medical condition requiring treatment in France,
- professional changes or evidence of integration,
- humanitarian factors or serious risks in the country of origin.
A reasoned request may be sent to the Prefect or the Minister of the Interior. A lawyer can also seek the lifting of the ban as part of contentious proceedings, by showing that the IRTF is disproportionate in light of the person’s personal and family situation.
Travel ban: in which cases and for whom?
In the context of an OQTF, a travel ban is a measure distinct from an IRTF. It mainly concerns EU citizens, nationals treated as such (EEA, Switzerland), and their family members.
It may be issued when the Prefecture considers that the person represents a genuine, present and sufficiently serious threat to public order, within the meaning of the CESEDA and EU law.
Unlike an IRTF, it is not intended to prevent long-term settlement, but to temporarily prohibit entry into France, even for short visits. Its duration varies depending on the seriousness of the alleged conduct.
It must be based on specific reasoning, linked to personal conduct and not merely to an administrative irregularity.
The person may challenge this ban before the administrative court, in particular by showing the absence of a threat or the disproportionate nature of the measure.
Who receives an OQTF depending on the time limit: frequent profiles and situations
Foreign nationals typically issued an OQTF with a 30-day period
This period is generally granted to people who have a degree of stability in France:
- students who have experienced academic difficulties but can show continuing studies,
- employees who are working or actively seeking work,
- holders of an temporary residence authorisation (APS) or an expired receipt,
- parents of school-aged children,
- people who are married or in a PACS,
- failed asylum seekers who are not considered a threat.
Foreign nationals typically issued an OQTF without a time limit (48h)
This type targets situations considered urgent or highly irregular:
- recent irregular entry,
- document fraud,
- failure to comply during an identity check,
- people in custody or police detention,
- serious threat to public order,
- proven risk of absconding.
Appeal deadlines
This section summarises the different deadlines, because they vary depending on the person’s situation, while the procedure remains strictly governed by the CESEDA.
Specific OQTF situations
Special deadlines provided for by the CESEDA apply to certain situations and change how an OQTF must be challenged. They are strict, short, and always start on the date of notification.
15-day deadline: OQTF following the final rejection of an asylum claim
When an OQTF is issued after the final rejection of an asylum application (OFPRA + CNDA), the deadline to refer the matter to the administrative court is 15 days.
The appeal is suspensive only if filed within that deadline.
7-day deadline: “short” house arrest
Certain house-arrest decisions linked to an OQTF must be challenged within 7 days.
This deadline concerns situations where the administration considers that removal can be carried out quickly, especially where the person is not in detention but remains under control.
Some house-arrest decisions must be challenged within a very short deadline (often 7 days), depending on the type of measure and its legal basis. Always check the remedies section stated in the decision.
Administrative detention: accelerated deadlines and judicial review by the JLD
If you are placed in an administrative detention centre (CRA):
- the appeal against the OQTF must be filed within 48 hours,
- the Judge of Liberties and Detention (JLD) reviews the lawfulness of detention, often within 24 to 48 hours,
- the administrative judge rules under an accelerated procedure.
Administrative detention therefore creates two parallel timelines: judicial review (JLD) and an emergency administrative appeal (administrative court), each with its own deadlines.
Specific OQTF cases: procedures and particular situations
OQTF for a detained person: rules and procedures
An OQTF may be notified during imprisonment. At the end of the sentence, the person may be transferred immediately to administrative detention.
An appeal remains possible, but the deadline is generally 7 days from notification of the OQTF in detention, which requires very rapid coordination between the criminal lawyer and the immigration lawyer.
OQTF served by post: notification date and challenge
For an OQTF with a time limit sent by registered letter, the appeal deadline generally starts on the date of the first delivery attempt notice, even if you do not collect the letter. By contrast, for some no-time-limit OQTFs and emergency procedures, case law may sometimes require actual delivery for the deadline to start.
In all cases, not collecting the letter does not stop the clock and may cost you precious days to file before the administrative court.
Returning to France after an OQTF: conditions and timelines
Returning to France after an OQTF mainly depends on the duration of the IRTF. Once the ban has expired, a visa may be requested, but it is not automatically granted. It is also possible to seek an early lifting of the IRTF by demonstrating a major change in circumstances: marriage or PACS with a French national, birth of a French child, stable employment or humanitarian reasons.
Each application must be substantiated and supported by a complete file. Assistance from a specialised lawyer helps ensure the application is properly prepared.
Practical consequences of an OQTF
Impact of an OQTF on employment and your contract
An OQTF undermines the ability to continue working legally, because the person no longer holds a valid residence permit or work authorisation. An employer cannot lawfully keep an employee in their job and may face sanctions (URSSAF, criminal) if they employ someone without valid status.
This situation can trigger checks and severely complicate access to new employment, except in specific cases (renewal application filed in time, a receipt, a separate work authorisation), which must be assessed case by case.
However, if a suspensive appeal is filed within the deadline, enforcement of removal is frozen: you cannot be removed before the administrative court’s decision. This does not automatically restore the right to work: whether the employment contract can be maintained depends on your exact status and on labour-law rules.
Access to healthcare after an OQTF
Access to healthcare remains possible through State Medical Assistance (AME) or hospital services. Serious illnesses may justify an appeal or protection against removal where an essential treatment is not available in the country of origin. Medical follow-up, certificates and specialist reports are then key to demonstrate the need for temporary stay.
Effects of an OQTF on housing, banking and family life
An OQTF often causes administrative difficulties: without a valid residence permit, some banks may restrict access to services (renewal of bank cards, opening an account, updating identity details).
Housing can also become insecure, especially in the event of imminent removal or house arrest.
For families, the measure may deeply destabilise the household, particularly where minor children are involved, making it urgent to file an appeal to protect private and family life.
DID YOU KNOW?
Even with an OQTF, you may apply for assisted voluntary return through OFII.
It can cover travel organisation (ticket, documents), transport costs, a lump-sum financial grant and sometimes reintegration support in the country of origin.
This is based on the CESEDA provisions relating to return and reintegration assistance, OFII regulatory texts and the official information published on Service-public.fr.
However, once you are subject to forced removal, that assistance is no longer available.
The role of an OQTF lawyer: remedies, strategy and defence
An appropriate legal strategy can challenge the measure, demonstrate disproportionality or rely on new evidence.
An immigration lawyer also checks the lawfulness of the decision and identifies possible procedural defects.
When should you contact an immigration lawyer?
Contact a lawyer immediately, as soon as you are notified. Waiting only reduces your chances.
In OQTF cases, acting early helps build a strong file, avoid fatal mistakes and maximise the chances of obtaining a suspension or annulment.
What the lawyer brings to your OQTF case
A lawyer can:
- draft the appeal,
- prepare supporting evidence,
- file emergency interim proceedings,
- challenge placement in administrative detention,
- seek suspension of enforcement.
How to choose a competent lawyer: essential criteria
Choose a lawyer specialised in immigration law, familiar with the CESEDA, experienced with short deadlines and used to appearing before the administrative court. Responsiveness and the ability to build a strong case are essential.
For an immediate, tailored assessment of your situation, you can rely on G-Partners, recognised for its expertise in OQTF matters.
OQTF: what strategy depending on your situation?
Whether an OQTF is issued with a time limit or without one, you enter a procedure where every step matters. The type of OQTF determines the pace, the available remedies, the risk of detention and whether you can realistically remain in France while your case is examined. Nothing is automatic, and nothing is straightforward: everything depends on your responsiveness, the evidence you can provide, and how you present your personal, family or professional situation.
You do not have to face this decision alone. A lawyer checks the lawfulness of the OQTF, identifies any mistakes made by the Prefecture, prepares a strong appeal and helps protect your rights—especially where the measure threatens your private life, your job or your relatives.
If you want a clear and rapid assessment of your situation, the G-Partners firm can assist you and build the most suitable strategy for you.
Frequently asked questions about OQTFs with a time limit and without a time limit
What happens if someone does not leave France after the time limit?
Overstaying exposes the person to removal, a re-entry ban, administrative detention and forced enforcement. The situation also complicates any future residence-permit or visa application. Contacting a lawyer remains essential.
OQTF 30 days: can I apply to renew my residence permit during this period?
Yes, but the Prefecture is not obliged to accept. A contentious appeal is often more effective because it suspends enforcement of the OQTF and allows the legal arguments to be presented before the administrative court.
How can I tell whether my OQTF is “with a time limit” or “without a time limit”?
The type of OQTF is indicated in the notification, in the section dealing with the “decision designating the country of removal” or the “removal measure”. The wording “30-day period” appears in OQTFs with voluntary departure. If no time limit is stated, it is immediate enforcement.
What if the OQTF was notified on a Friday evening or a public holiday?
Appeal deadlines run during weekends and public holidays. Only the last day is postponed to the next business day if it falls on a Saturday, Sunday or public holiday. You should contact a lawyer immediately to file an hour-by-hour emergency appeal if the OQTF is without a time limit.
Can someone under an OQTF remain in France during the appeal?
Yes, if the appeal is filed within the legal deadline: 48 hours or 30 days. The suspensive effect prevents enforcement of the measure. In detention, the appeal must be immediate. Legal assistance is essential in such situations.
What if my OQTF is accompanied by house arrest?
House arrest allows the Prefecture to monitor your presence. An appeal remains possible. You must refer the matter quickly to the administrative court and provide strong evidence of your personal and family circumstances.
I filed an application, but my request was refused and I received an OQTF: what next?
You may submit new evidence, request a re-examination, or challenge the decision through further legal avenues. If your family or professional situation changes, a new residence-permit application may be filed by demonstrating a substantial change in circumstances.
Does an OQTF without a time limit mean removal the next day?
Not always, but the risk is real. The administration may enforce the measure quickly. An emergency appeal is essential to avoid forced removal.
What if I missed the deadline?
It may still be possible to request a re-examination, seek lifting of the IRTF, or apply for regularisation if new elements exist. A lawyer can identify procedural defects and propose an alternative strategy.
Can an OQTF cancel my marriage or PACS in France?
No. The marriage or PACS remains valid. However, the Prefecture may consider that family life is not sufficiently stable to prevent removal. An appeal can demonstrate the contrary.
