Staying in France with an OQTF seems impossible at first glance. However, there are legal solutions to this often brutal administrative decision. Whether you are directly concerned, or you are supporting a person subject to an obligation to leave French territory, it is essential to understand the real risks, the possible remedies, the deadlines that must not be exceeded, and the means ofavoiding immediate expulsion. An OQTF may be accompanied by a ban on return(IRTF), placement in detention, or refusal of a residence permit, but each measure can be contested before the administrative court. This clear, comprehensive guide will help you decipher the notification, file an application for a residence permit or asylum, and defend your right to remain on French territory in accordance with the law.
Staying in France with an OQTF: what are the risks for an illegal immigrant?
IRTF (Interdiction de retour sur le territoire français): duration, validity, consequences
When an OQTF is accompanied by an IRTF, the sanction takes on a much heavier dimension. Theban on returning to French territory can last from 1 to 5 years. This measure often extends to the entire Schengen area. It is impossible to obtain a visa during this period. The refusal of a permit becomes systematic.
This type of ban is known as an IRTF, and is registered in the European SIS (Schengen Information System) file, blocking any possibility of legal return to France or the Schengen area for its duration.
Detention or house arrest: deprivation of liberty and removal measures
Sending people to administrative detention centers is one of the means used by the authorities to ensure that OQTFs are enforced when voluntary departure has not been respected.
The administrative detention center can hold a person for up to 90 days. This deprivation of liberty is intended to facilitate enforcement of the OQTF.
House arrest is a less restrictive alternative. In this case, the personunder house arrest must report regularly to the police station. They may not leave a defined geographical perimeter. Violating these conditions leads directly to administrative detention.
These removal measures turn everyday life into a nightmare. No more work, more complex procedures, constant anxiety. Social isolation quickly sets in.
Do you need help?
Don’t be alone when faced with this type of decision.
Our law firm dedicated to foreign nationals in France can help you challenge your OQTF.
Forced deportation and enforcement of OQTFs: deportation and obligation to leave France
OQTFs can lead to forced expulsion. The authorities organize deportation under police escort. Theobligation to leave French territory is then imposed without negotiation.
The country of destination is no longer a choice. Foreigners may find themselves in a country they fled years ago. Personal belongings often remain in France.
Daily life threatened: loss of rights, insecurity, refusal of residence permit
An uncontested OQTF closes all administrative doors. No more residence permit possible, no more residence card conceivable. This irregular situation generates a spiral of precariousness.
Care is limited to emergencymedical aid. Opening a bank account becomes impossible. Finding housing is an obstacle course. Illegal residency prevents all declared employment.
This exclusion affects all aspects of daily life. Enrolling children in school becomes more complicated. Public transport becomes a source of anxiety. Every identity check can lead to expulsion.
Understanding the OQTF: a complex decision to challenge
What is an OQTF? Definition, legal basis and notification
The OQTF is an administrative measure issued by the prefect. Its purpose is to organize the removal of an illegal alien. Its legal basis is the Code de l’Entrée et du Séjour des Etrangers et du Droit d’Asile (Ceseda), the reference text for foreigners’ rights in France.
Notification follows strict rules. The prefecture must hand-deliver the OQTF orsend itby registered post. This step triggers the calculation of appeal deadlines.
The document specifies the grounds and channels for appeal. It clearly states the deadlines for appeals. Faulty notification can vitiate the entire procedure.
The different types of OQTF: with or without a deadline for voluntary departure
There are two main categories of OQTF. TheOQTF without delay requires immediate departure from France. It is often accompanied by a ban on return, and carries the risk of detention.
The OQTF with a deadline for voluntary departure generally allows 30 days to organize departure. This period avoids immediate coercive measures. It gives you time to gather your belongings and prepare for your trip.
The type of OQTF depends on the prefecture’s assessment. The decision is influenced by the risk of absconding, the applicant’s background or the urgency of the situation.
Protest period: how many days to act?
| Type of OQTF | Time limit for appeal | Type of appeal | Effect of appeal |
| OQTF | 30 days | Litigation before the administrative court | The appeal suspends enforcement of the OQTF |
| OQTF accompanied by house arrest | 7 days | Litigation before the administrative court | The appeal suspends enforcement of the OQTF |
| OQTF accompanied by detention | 96 hours | Litigation before the administrative court | The appeal suspends enforcement of the OQTF |
| OQTF notified to a detainee | 7 days | Litigation before the administrative court | The appeal suspends enforcement of the OQTF |
In principle, the deadline for lodging an appeal is 30 days, except when the OQTF is accompanied by a house arrest or detention order, or when the person notified of the OQTF is detained.
This time constraint allows no delay. The urgency of the situation demands an immediate response, and a high level of legal expertise.
Why contest an OQTF: legal, family and professional issues
Avoid irreversible consequences: estrangement, loss of status, threat to privacy
By contesting the decision, you can avoid dramatic and irreversible consequences. A removal order can wipe out a career path built up in France.
The separation of families is traumatic. It compromises children’s education and psychological stability. The threat to the private and family sphere is a major issue.
These consequences justify a methodical defense. Every element counts in preserving a hard-won status.
Protect your rights: work, integration, training, professional future
Integration into the world of work deserves to be protected. It demonstrates a positive contribution to the French economy. Foreigners’ rights recognize this added value.
Ongoing training represents a human and financial investment. Abruptly interrupting it wastes valuable skills. Building a stable future takes time and deserves consideration.
This forward-looking dimension often convinces the courts. It testifies to a solid personal project and a fully acquired stability.
Opening the way to regularization or a new application for a permit
Litigation suspends enforcement of the OQTF. This temporary protection opens up the possibility of concrete regularization: a “private and family life” permit for family ties, an “employee” permit in the event of employment, or a “student” permit to pursue training.
An application for a residence permit may be successful during the appeal procedure. This regularization invalidates theobligation to leave France.
Exceptional admission to residency provides an escape route for special situations. This perspective justifies all our efforts.
How to contest an OQTF: administrative and legal appeal stages
Recours gracieux ou hiérarchique: first approach to the administration
An appeal is lodged directly with the prefect who made the decision. This amicable approach favors dialogue over confrontation. It can lead to a discreet withdrawal of the OQTF.
The application must be accompanied by a solid file, including recent medical certificates, proof of integration and testimonials from employers. The quality of the argumentation directly influences the chances of success, according to the French authorities.
The hierarchical appeal is aimed at the Minister of the Interior. Like the recours gracieux, it must be made within the time limit for appealing against the OQTF decision.
Bringing a case before the administrative court: an effective legal remedy
The administrative court offers a full jurisdictional review of the prefectoral decision. Judges examine all aspects of legality. This procedure guarantees respect for fundamental rights.
To lodge an appeal, you need to comply with strict procedural rules. Every argument must be legally founded and supported by evidence. The hearing is an opportunity to develop the defense orally.
Simply lodging an appeal automatically suspends enforcement of the OQTF. This protection prevents deportation during the procedure. The judgment may totally annul the contested decision.
Temporary stay of execution: remain legally in force during the appeal process
Suspensive effect of contentious appeal :
- Automatic suspension on deposit
- Protection throughout the procedure (3-6 months)
- Possibility of applying for a title during this period
This temporary protection allows you to prepare your defense with peace of mind. It avoids emergency decisions and improves the quality of legal strategy.
Specific case: detention and appeal to the JLD
Detention triggers a specific emergency procedure. Within four days, the liberty and custody judge (JLD) reviews the legality of this deprivation of liberty.
This magistrate can order immediate release in the event of irregularity. He checks that all the conditions for placement have been met.House arrest can replace detention.
Those deprived of their liberty benefit from enhanced legal protection. A lawyer may be appointed ex officio. This exceptional procedure requires immediate and expert intervention.
What are the best arguments for contesting an OQTF?
Procedural defects: irregularities, poor notification, missed deadlines
Procedural irregularities often offer the best arguments for annulment. Faulty notification, a time limit not respected by the administration, insufficient reasoning for the decision: these are all flaws that can be exploited.
For example, if the prefecture fails to give sufficient reasons for refusing regularization, the OQTF may be annulled in its entirety. A vague or incomplete statement of reasons is sufficient to invalidate the decision.
Careful checking of each step often reveals administrative errors. These procedural conditions must be scrupulously respected by the prefecture.
Humanitarian and family reasons: health, children, private and family life
Serious health conditions may justify complete cancellation of the OQTF. Certain pathologies make return to the country of origin impossible. The absence of appropriate medical care is an important humanitarian reason.
The presence of schoolchildren has a strong influence on the assessment. Their best interests must take precedence over all other considerations. These family circumstances bear witness to the fact that they are truly rooted in France.
For example, a foreigner who has lived in France for many years, with children at school and a French spouse, could have his or her OQTF cancelled. In such a situation, the judge may consider that the removal would constitute a disproportionate infringement of his or her right to private and family life.
Professional or social integration: work, contract, stability
The salary package demonstrates a concrete contribution to the French economy. A stable employment contract, recognized skills and prospects for advancement are all proof of a solid foothold in France.
Social references also reinforce the argument. Mastery of the French language, involvement in associations, professional training: these elements reveal a background rooted in French society.
New asylum application or new factor: OFPRA, CNDA, change of situation
The appearance of new facts may justify a complete revision of the file: personal evolution, change of situation in the country of origin, or new element of risk. These circumstances allow a new asylum application to be filed.
As soon as this application is deemed admissible byOFPRA (Office français de protection des réfugiés et apatrides), enforcement of the OQTF is automatically suspended while the case is investigated. If OFPRA rejects the application, it is possible to appeal to the CNDA (Cour nationale du droit d’asile), which rules independently and can overturn OFPRA’s decision. This avenue of appeal offers additional time for protection.
This mechanism can be a real strategy for temporarily blocking removals, particularly if the geopolitical situation in the country of origin deteriorates or new risks emerge.
Support and alternative solutions when faced with an OQTF
Getting help from a lawyer specializing in immigration law
A specialized lawyer masters the subtleties of this complex subject. His enlightened advice avoids fatal errors in a procedure where everything hinges on technical details.
Foreigners’ rights are constantly evolving through case law and circulars. Only a specialist can keep abreast of these developments on a daily basis. This constant legal watch makes the difference between success and failure.
Goldwin Partners analyzes each case with a personalized approach. Our decade-long expertise enables us to immediately identify the most promising arguments.
Consider voluntary return with official accompaniment
The OFII (Office français de l’immigration et de l’intégration) offers personalized assistancefor voluntary return. This procedure avoids the trauma of forced expulsion. It enables you to prepare for your return in the best possible conditions.
The necessary documents are assembled, with customized support. Financial assistance facilitates relocation. This option preserves the dignity of the people concerned.
However, this solution remains a relative failure for French projects. It compromises the prospects of future legal returns.
Alternatives for regularization in France or the European Union
Other European countries sometimes apply more favorable criteria for residence permits. TheEuropean Union facilitates this alternative mobility. This strategy requires careful comparative analysis.
Some European residence permits open up rights in several member states. This international dimension enriches the possibilities. Long-term resident status offers greater stability.
A legal presence in another European country may facilitate a subsequent return to France. This long-term approach is worth considering.
Conclusion: how to stay in France with an OQTF: understanding, contesting and defending yourself effectively
Acting quickly after receiving an OQTF is not an option, it’s a necessity. Every hour counts to avoid deportation, block a ban on return or save a family already settled in France. Remedies exist, but their effectiveness depends on an immediate and rigorous strategy.
You don’t have to face this procedure alone. Goldwin Partners will support you in the emergency, build a solid case and argue your case with determination. Contact us today: staying in France is still possible, if you act now.
Frequently asked questions : OQTF, appeals, deadlines, rights, procedures
What does an OQTF without delay mean?
An OQTF without a deadline for voluntary departure means that deportation can be immediate, without the 30 days usually granted.
For example, a detention order can be issued as early as the day after notification.
Only an appeal can suspend enforcement in this case.
Is it possible to leave France voluntarily after an OQTF?
Yes, voluntary departure remains possible, even after notification of an OQTF.
However, this does not remove the OQTF from your file.
A ban on return (IRTF) may remain active, making it difficult to apply for a visa in the future.
What is the deadline for voluntary departure?
As a general rule, an OQTF gives you 30 days to organize your departure.
This time limit may be reduced or waived (OQTF without delay), particularly in cases where there is a risk of absconding or where there is a history of absconding.
Respecting this time limit makes it easier to apply for a return visa.
What constitutes a solid case to contest an OQTF?
A complete file is based on three main pillars:
- Procedural defects: irregularities in the decision (notification, reasons, deadlines)
- Humanitarian or family reasons: children, state of health, attachment in France
- Proof of long-term roots: employment contract, training, community involvement, personal life
Each item must be recent, consistent and verifiable.
What should I do if my appeal is rejected? Can I submit a new application?
The rejection of an appeal against an OQTF does not mean the end of the process. There are still several options open to you, particularly if your situation changes.
You can :
- Appeal to the administrative court ;
- Submit a new application for asylum or a residence permit if new facts arise (marriage to a French national, birth of a child, changes in the situation in your country of origin, medical worsening, etc.);
- Consider regularization by another type of permit (private and family life, employee, student…).
A significant change in your personal or family life may reopen the case and suspend execution of the OQTF.
What’s the difference between detention and house arrest?
- Administrative detention: complete deprivation of liberty in a closed center (up to 90 days).
- House arrest: freedom subject to conditions (regular check-in, prohibition on leaving an area).
House arrest is less onerous, but can last longer.
If I execute the OQTF, when can I RE-apply for a visa?
If you leave France within the voluntary departure period (30 days) and without IRTF, you can apply for a return visa as soon as you leave, by proving compliance with the OQTF and presenting a legitimate reason.
On the other hand, if the OQTF is accompanied by a re-entry ban (IRTF), you will have to wait until the end of this period (often 1 to 5 years), except in the case of early lifting (rarely accepted).
