Receiving an OQTF, an obligation to leave French territory, is more than an administrative decision: it is a personal earthquake. In just a few lines signed by a prefect, a life is turned upside down. You read the notice, the date, the words “voluntary departure” or “48 hours”, and everything becomes a blur. Yet this measure is not inevitable.
In France, the law provides several legal remedies to challenge an OQTF, even when it seems unfair or rushed. Each case brought before the administrative court may change the outcome of the procedure. With the help of an experienced lawyer, it is possible to identify errors or legal shortcomings that may lead to the decision being annulled and/or its enforcement being suspended.
The G-Partners firm is a law firm specializing in OQTF and immigration law, assisting individuals concerned by preparing a strong contentious appeal to demonstrate the lawfulness of their stay in French territory.
Key takeaways
- Acting quickly is essential: the time limit to challenge an OQTF varies depending on the case (48 hours, 7 days or 1 month) and starts from the notification, not from when you collect the letter.
- Three types of remedies are available: informal (gracious), hierarchical and contentious — only contentious proceedings before the administrative judge have an immediate suspensive effect.
- Being assisted by a lawyer specialized in immigration law increases your chances of having the OQTF annulled, as they can identify potential legal errors made by the Prefecture.
- Providing concrete evidence (employment, family, studies, residence) is the key to a strong appeal.
- Ignoring an OQTF worsens the situation: you risk removal to the border and a ban on returning to French territory (IRTF).
Understanding what an OQTF means
Definition and legal basis
Article L.611-1 of the CESEDA authorizes the prefect to order a foreign national to leave France when they no longer have the right to reside there legally. An OQTF is not a criminal penalty but an administrative measure intended to put an end to an irregular situation. It may in particular be issued following a refusal of a residence permit, a rejection of an asylum application or the expiry of a visa, and sets a specific time limit to leave French territory.
The different types of OQTF
The law distinguishes several forms of OQTF:
- OQTF with a voluntary departure period: the foreign national has 30 days to leave France.
- OQTF without a period: in cases deemed urgent, departure must take place within 48 hours (Article L.612-1 of the CESEDA).
- OQTF accompanied by a ban on return (IRTF): the prefect prohibits the person from returning to the territory for a determined period (Article L.612-6 of the CESEDA).
Refusal of stay and OQTF: two related decisions
Most often, an OQTF follows a refusal of stay. Article L.611-3 of the CESEDA authorizes the prefect to simultaneously issue a refusal decision and a removal measure. It is therefore possible to challenge both decisions in a single and the same appeal even though they are distinct decisions.
For example, a foreign student whose application to renew their “student” residence permit is rejected may receive on the same day a refusal of stay and an OQTF without a voluntary departure period.
In which cases an OQTF is issued
- Refusal of a residence permit: this is the most common situation. The foreign national submits an application for a permit (student, employee, private and family life, etc.) and receives a refusal decision. In most cases, this refusal is immediately accompanied by an OQTF.
- Identity check by the police or gendarmerie: during a check, if the person cannot present a visa or residence permit, the State services transmit the information to the prefecture, which may decide to issue an OQTF within the following 48 hours.
- Police custody or judicial proceedings: when a foreign national commits or attempts to commit an offence and is arrested, the identity verification may reveal an irregular stay. The prefecture then issues an OQTF at the end of police custody.
- Rejection of an asylum application: after a final refusal by OFPRA and the National Court of Asylum (CNDA), the administration automatically issues an OQTF.
In all cases, the decision must be reasoned in writing, signed by the prefect and officially notified (hand delivery, registered letter, or service in a detention center).
The 4 steps to follow after receiving an OQTF
The postman has just handed you a registered letter with an OQTF — what should you do? Follow these steps carefully:
1. Read the decision carefully
The first step is to read the notice you received carefully. It specifies the signing prefect, the notification date and the available remedies. It is this date, not the signature date, that triggers the time limit to act. Always keep the envelope or the delivery receipt: they serve as evidence before the administrative court.
2. Contact a lawyer specialized in immigration law
Challenging an OQTF is a complex procedure subject to strict rules. A lawyer specialized in immigration law can check the legality of the decision, identify legal errors and draft a strong appeal. Their assistance is often decisive in obtaining the suspension or annulment of the removal measure.
3. Gather the necessary evidence and documents
A strong appeal is based on concrete evidence. You must gather all supporting documents proving your residence, your professional activity or your family ties: payslips, employer certificates, school certificates, civil status documents. Foreign documents must be translated into French by a sworn translator. A complete file strengthens your defense.
4. Prepare the appeal, respecting the legal deadlines
The appeal must be drafted clearly and in a structured way, with precise legal arguments and numbered exhibits. You must demonstrate a legal error, a disproportionate interference with your private or family life, or a procedural irregularity. Compliance with the legal time limit is imperative: a late appeal is automatically dismissed.
Can you remain in France during the proceedings?
Article L.512-1 of the CESEDA states that filing an appeal within the deadline has a suspensive effect : the administration cannot enforce the OQTF before the administrative judge has ruled. This means that you may remain in the territory while your appeal is being examined.
Fatal mistakes to avoid as soon as you receive the notice
What are the deadlines to act against an OQTF?
Time limits to appeal an OQTF vary depending on the type of decision issued by the prefecture. Each situation requires extreme vigilance: the time limit to challenge is short, the court’s response time is limited, and the review time may differ depending on the courts. It is therefore crucial to understand which framework applies to you as soon as the OQTF is notified.
The standard OQTF, with or without a voluntary departure period: 1 month to act
This is the most common case. The prefect grants a 30-day voluntary departure period, during which the foreign national may leave France of their own accord. This period also opens the possibility of filing an informal (gracious) appeal with the prefect or a contentious appeal before the competent administrative court.
The notification date of the decision (date of receipt or hand delivery) marks the starting point for the appeal. After the 1-month deadline, the measure becomes enforceable and the prefecture may order removal from the territory.
Available remedies against an OQTF
Challenging an obligation to leave French territory means asserting a fundamental right: the right to defend yourself against an administrative decision that can overturn an entire life. Three types of remedies are provided by law: informal (gracious), hierarchical and contentious.
They differ in nature and the authority addressed, but all require rigorous drafting, a thorough command of the law and, in most cases, the support of a lawyer specialized in immigration law. These procedures are technical: a missing word, an absent document or a poorly formulated argument may be enough for the case to be dismissed.
The informal (gracious) appeal
The informal appeal consists of asking the prefect who made the decision to reconsider it. It must be submitted in writing, supported by legal or factual arguments, and accompanied by all useful supporting documents. Although its effectiveness is limited, it can make sense when a new element changes the situation of the person concerned.
Example: a foreign employee receives an OQTF after a residence permit refusal. A few weeks later, they sign a new employment contract. Their lawyer drafts an informal appeal and attaches the contract to request that the case be re-examined.
This appeal does not suspend enforcement of the OQTF, but it can demonstrate the applicant’s good faith and support a future appeal before the administrative court.
The hierarchical appeal
The hierarchical appeal is addressed directly to the Minister of the Interior. It aims to challenge the prefect’s decision before the higher authority by setting out the legal irregularities or errors of assessment committed. This appeal must be sent by registered letter with acknowledgment of receipt, accompanied by all supporting documents and a clear legal argument.
Example: a sick foreign national sees their case rejected despite a favorable medical opinion. Their lawyer submits a hierarchical appeal to the Minister of the Interior, together with a detailed medical report, to obtain a re-examination of the case and assert their right to stay on health grounds.
This appeal does not suspend the removal measure, but it can strengthen the applicant’s defense, particularly when the administrative court is seized in parallel. A lawyer’s assistance is essential to build a strong argument compliant with the CESEDA.
The contentious appeal
The contentious appeal is the main and most decisive route to challenge an OQTF. It consists of seizing the competent administrative court to request the annulment of the prefectural decision. The judge then reviews the lawfulness of the measure: the prefect’s competence, compliance with procedure, proportionality of the decision, and consideration of the person’s personal and family situation.
Example: a father of a French child receives an OQTF despite the child being enrolled in school and the stability of family life. His lawyer invokes an infringement of Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. The court suspends the decision and orders a re-examination of the case.
If well drafted and substantiated, the contentious appeal may not only lead to the annulment of the OQTF, but also to an injunction ordering the prefect to issue a residence permit.
This is why professional assistance is strongly recommended to ensure the legal robustness of the case and help you overturn an abusive administrative decision.
How to draft and file an appeal
An appeal must include:
- your personal details and the full copy of the decision;
- the statement of facts, signed by your hand;
- legal arguments (CESEDA provisions, European law, constitutional principles);
- numbered supporting documents.
The appeal may be filed either at the registry of the administrative court or by registered mail. A copy must be kept with the acknowledgment of receipt. If you do not have sufficient resources, you may apply for legal aid (Law No. 91-647 of 10 July 1991).
Need immediate assistance? The G-Partners firm, expert in immigration law and public law, prepares and files your appeal before the administrative court within the legal deadlines.
The decisive role of the lawyer in challenging an OQTF
Having a lawyer assist with an appeal against an OQTF is not mandatory, but since the procedure is so technical and complex, their help is invaluable to the success of your steps. An immigration lawyer does more than draft a petition. They build a defense strategy adapted to your situation, relying on statutory provisions and recent case law. Their assistance may be decisive in obtaining the annulment of the removal measure.
Essential support
The lawyer checks the legality of the decision, the prefect’s competence, compliance with the notification procedure and defense rights. They prepare a reasoned submission based on CESEDA provisions, the ECHR and the French Constitution. They also assist the applicant at the hearing before the administrative judge, presenting the human and family elements of the case.
Why choose G-Partners
The G-Partners firm has a team of lawyers exclusively dedicated to immigration law. Each case is subject to a precise legal analysis. The firm operates in Paris and throughout France and handles the drafting of the appeal, pleadings and post-decision follow-up.
Thanks to constant monitoring of administrative case law, G-Partners anticipates the most effective arguments before the courts.
Contact the G-Partners firm today to defend your right to remain in France.
Specific cases: students, employees and families
OQTFs affect a wide range of profiles: students, employees, families, asylum seekers. Each situation follows specific rules, but all are based on the principle of the right to defense.
OQTF and foreign students
Students may be subject to an OQTF after academic failure or a refusal to renew a “student” residence permit. In this case, it is essential to demonstrate continuity in the course of study or a concrete professional prospect.
Example: a student who has found an internship in a French company can prove integration and challenge the OQTF for an error of assessment (Article L.611-1 CESEDA).
OQTF and foreign employees
When a foreign national holding an employment contract loses their permit, the administration may issue an OQTF. The appeal can then rely on professional stability and contributions paid. This may be the case of a worker employed for three years in the same company, who can invoke a disproportionate interference with their private and family life if they live in France with school-aged children.
OQTF and family life
Article 8 of the ECHR (European Court of Human Rights) protects the right to normal family life. An OQTF issued against a parent of a French child or a spouse of a French national may be annulled if it constitutes a disproportionate interference with this right.
OQTF after rejection of an asylum application
When an asylum application is definitively rejected by the CNDA (National Court of Asylum), the prefecture may issue an OQTF after a fifteen-day period. The lawyer may invoke risks of inhuman treatment in the event of return to a country at war, for example (Article 3 of the ECHR).
After the appeal: what consequences?
Once the appeal has been filed, there are two possible outcomes: annulment of the decision or its maintenance.
If the appeal is upheld
The annulment of the OQTF means that the foreign national regains the right to stay in France. The prefect must then re-examine the situation and, where appropriate, issue a new residence permit and a temporary residence authorization. The administration cannot issue a new OQTF on the same basis without new elements.
If the appeal is dismissed
Upholding the decision means that the foreign national must leave France. The administration may then enforce the measure, sometimes by placing the person in a administrative detention center (Articles L.731-1 and following of the CESEDA).
However, an appeal is possible before the administrative court of appeal . The judge may still suspend enforcement if new elements arise.
Consequences of an OQTF that is not challenged
Not challenging an OQTF amounts to accepting the measure. Once the deadline has passed, the administration may proceed with forced removal, together with a ban on return. This situation complicates any future visa application or regularization.
Conclusion: do not miss the deadline
When faced with an OQTF, every minute counts. You have 48 hours, 7 days or 1 month depending on your situation to act — beyond that, the measure becomes enforceable and may lead to house arrest or administrative detention.
Do not stay alone: a well-drafted appeal can suspend the OQTF, prevent removal and obtain a re-examination of your situation. The G-Partners firm, expert in immigration law, assists you immediately to prepare your file, support your appeal and defend your rights before it is too late.
Frequently asked questions about OQTF appeals
What happens if I do not leave the territory after the 30-day period?
After the 1-month period, the OQTF becomes enforceable: the prefect may order removal to the border or placement in administrative detention. Staying in France after an OQTF exposes you to a ban on returning to the territory (IRTF) and complicates any future regularization. Failure to comply with the prefectural order is considered a serious breach. Before any removal measure, it is therefore crucial to consult a lawyer to file an application for annulment or a re-examination of the situation.
Does house arrest or placement in an administrative detention center prevent an appeal?
No, neither house arrest nor placement in detention removes the right to bring an appeal before the administrative judge. However, the deadlines are extremely short and require an immediate legal strategy. You remain under house arrest or placed under public order control, but the appeal may suspend enforcement of the OQTF. It is recommended to prepare a complete file and to be assisted by a lawyer to gather the documents and seek suspension of the measure.
Can I work or receive medical assistance during the appeal proceedings?
During the appeal proceedings, you may benefit from State medical aid (AME), but you may not engage in professional activity except with exceptional authorization from the prefect. If you are residing irregularly, the appeal receipt does not grant the right to work. You should therefore avoid any undeclared employment that could compromise your chances of success.
However, you may request a re-examination of your case if your family or medical situation changes.
Can I remain in France during the appeal?
Yes, provided that the appeal is filed within the required time limit. Article L.512-1 of the CESEDA guarantees the suspensive effect of the contentious appeal.
Is it possible to return to France after a removal measure or a ban on return?
Returning to French territory depends on the duration of the OQTF and the reasons for the ban on return (IRTF). In some cases, it is possible to request an early lifting by proving a change in circumstances: marriage, birth, a dependent minor child or professional integration. This request for re-examination, addressed to the prefect or the Ministry of the Interior, must be accompanied by a complete file. A lawyer specialized in immigration law can help you prepare the most effective strategy to regain authorization to enter France.
