You have received an Obligation de Quitter le Territoire Français (OQTF) but you want to stay in France? This situation often creates a great deal of anxiety. An OQTF is an administrative decision that obliges a foreigner to leave France within a given time limit. But is it still possible to apply for a residence permit after receiving such a deportation order? Find out here about your recourse and possible procedures in this delicate situation.
Understanding the OQTF before applying for a residence permit after an OQTF
Legal definition of the OQTF
The OQTF is an administrative measure taken by the prefect. It orders a foreign national to leave France within a specified period, usually 30 days. This measure often accompanies a decision to refuse a residence permit, or follows an irregular stay. Once the OQTF has been notified, it prohibits the foreigner from applying for a new residence permit during its period of validity. This measure may also be accompanied by a ban on returning to French territory (IRTF).
Legal and administrative consequences of an OQTF
The consequences of an OQTF are serious:
- Obligation to leave France voluntarily within the set time limit
- Risk of forced removal (expulsion) in the event of non-compliance
- Theoretical impossibility of applying for a new residence permit during the period of validity of the OQTF, i.e. for a period of 3 years.
- Registration in the wanted persons file
It is important to note that anOQTF is not systematically issued after a residence permit has been refused. Since 2016, the prefecture has been able to refuse a residence permit without attaching an OQTF, particularly if the foreigner already has a right to residence under another title.
However, despite these restrictions, there are situations in which it is possible to contest this decision, or apply for a new residence permit under certain conditions. The law firm Goldwin Partnersexperts in immigration law, can guide you through these complex procedures.
Situations in which it is possible to apply for a residence permit after an OQTF
Malgré la rigueur apparente de la procédure, certaines circonstances permettent de rester en France après une OQTF et de solliciter un titre de séjour. Ces exceptions sont généralement liées à des changements significatifs dans la situation personnelle de l’étranger.
Protection of privacy and family life
The protection of private and family life is an important reason for applying for a residence permit despite an OQTF. You can invoke this ground if :
- You are the parent of a French child
- You are married to a French citizen
- You have particularly strong personal and family ties in France
- You have lived in France for several years and built your life here
In such cases, the prefecture must examine the proportionality between the right to respect for your private and family life and the interests of the State. Please note that marriage to a French national does not automatically guarantee the cancellation of an OQTF. However, it does constitute a new element that may justify an application for a “private and family life” residence permit. You will need to prove the sincerity of your union and the reality of your life together.
The lawyers at Goldwin Partners can help you build a solid case in this type of situation.
Serious health problems requiring care
If you suffer from a serious medical condition that cannot be properly treated in your country of origin, you can apply for a residence permit for medical treatment, even after receiving an OQTF. This application will be examined by the OFII (Office Français de l’Immigration et de l’Intégration) doctor. A favorable medical opinion may counterbalance a previous refusal of a residence permit and enable you to obtain a temporary residence permit.
Risks of returning to the country of origin
If your safety is threatened in your country of origin, you can apply for asylum, which suspends the execution of the OQTF until the final decision of the OFPRA or CNDA. The risk of persecution for reasons of religion, sexual orientation or political opinion may justify this protection.
How to apply for a residence permit after an OQTF
Administrative procedure with the prefecture
The first step is to identify your local prefecture. Contact them to :
- Check specific reception conditions
- Obtain the list of documents to be provided according to your situation
- Make an appointment if necessary
Some prefectures have online platforms for booking appointments, while others operate by post.
Goldwin Partners can guide you through these often tedious administrative procedures and represent you in dealings with the authorities.
Preparing your application
To support your application, you will need to put together a solid file including :
- Civil status documents (passport, birth certificate)
- Proof of residence in France (receipts, bills)
- Proof of your new situation (marriage, birth of child)
- Medical certificates if your application is health-based
- Any new element justifying your right to stay
The more complete your file, the greater your chances of obtaining a residence permit. Goldwin Partners’ lawyers have the expertise to help you assemble all the relevant documents.
Respecting appeal deadlines
If you contest the OQTF, you must scrupulously respect the legal deadlines. A late appeal could be rejected without an examination of the merits. At the same time, you can submit a new application for a residence permit if your situation has changed.
How long does it take to apply for a residence permit after an OQTF?
Since Law no. 2024-42 of January 26, 2024 came into force, an unenforced OQTF loses its legal effect after three years. After this period, you can submit a new application for a residence permit. However, the prefecture will take your administrative past into account when examining your file. This information is vital for people who have been unable or unwilling to leave the country.
If your personal situation changes significantly before the end of the three-year period, you can submit a new application, highlighting these new elements. The attorneys at Goldwin Partners are fully conversant with these legal subtleties, and can advise you on the best time to start your application.
Legal remedies against an OQTF
There are several avenues of appeal available to you after receiving an OQTF.
- Le recours gracieux consiste à demander à l’administration de reconsidérer sa décision. Il s’adresse directement au préfet qui a émis l’OQTF.
These appeals can lead to the OQTF being overturned, and sometimes force the authorities to re-examine your right to residency. Goldwin Partners has extensive experience in these contentious procedures, and can implement the legal strategy best suited to your situation.
Regarding the right to work, if you had a work permit before the OQTF, it remains valid for the duration of the appeal. Without prior authorization, you cannot legally work during this period. This information is essential for planning your livelihood during the procedure.
Mistakes to avoid when applying for a residence permit after an OQTF
Neglecting the deadlines for contesting the OQTF
The first mistake is to ignore the strict deadlines for appeal. An untimely appeal is generally doomed to failure. As soon as you receive the OQTF, take careful note of the deadline for taking action.
Goldwin Partners ‘ lawyers can alert you to these crucial deadlines and act quickly.
Failing to provide sufficient evidence
Your application must be well documented. Without tangible proof of new elements or of your integration, the Prefecture will probably reject your application. Gather all relevant documents methodically.
Goldwin Partners knows exactly which documents are crucial to your case.
Ignoring legal remedies
Don’t regard the OQTF as definitive without exploring the available avenues of appeal. A well-constructed appeal can often lead to the cancellation of the deportation order and pave the way for regularization. The support of an expert law firm like Goldwin Partners will significantly increase your chances of success. Our expertise in immigration law and our in-depth knowledge of administrative practices are major assets in your case.
Conclusion
Applying for a residence permit after an OQTF is still possible, but it requires a good knowledge of the procedures and a solid file. Significant changes in your personal situation, humanitarian reasons or legal errors in the initial decision are all valid arguments. Be sure to respect the appeal deadlines and seek the assistance of a legal professional. The help of a law firm like Goldwin Partners can make all the difference in these complex proceedings.
Are you facing an OQTF and want to know your options? Goldwin Partners, experts in immigration law, offers you personalized support to maximize your chances of obtaining a residence permit. Contact our lawyers today on 01.86.70.83.00 or via our online form for a consultation. Our multilingual team will guide you efficiently through all your administrative and legal procedures.
Legislation on foreigners’ rights changes regularly. Before taking any action, consult Goldwin Partners, which closely monitors changes in legislation and case law to offer you the most relevant and up-to-date advice.
