The Obligation de Quitter le Territoire Français (OQTF) is an administrative decision that can turn the life of an illegal immigrant upside down. What should I do when I receive this notification? This measure, taken by the prefecture, obliges the individual to leave France and can have serious consequences, including a ban on returning to France (IRTF), complicating any future attempts to regularize the situation.
When faced with an OQTF, it’s crucial to understand your rights and possible remedies in detail, so you can act quickly.
There are several ways of contesting the decision, obtaining an extension or requesting regularization under certain conditions. However, these procedures are subject to strict deadlines and require a good command of administrative and legal procedures.
What should I do if I receive an OQTF? What remedies are available? How can you avoid forced expulsion and maximize your chances of staying in France? This detailed legal guide helps you understand the law in depth, and gives you the key steps to defend your rights in the face of an OQTF.
Understanding the OQTF: What is it and why is it issued?
Definition of OQTF
The Obligation de Quitter le Territoire Français (OQTF) is an administrative measure taken by the prefect against illegal foreign nationals. It requires the individual to leave France within a set period and under certain conditions. On receiving this notification, many people ask themselves “OQTF, what can I do?”, as this decision can have a considerable impact on their lives.
This measure is generally applied in the following cases:
- A refusal to issue a residence permit, in particular when an application for regularization is rejected by the prefecture.
- Prolonged illegal residence, when the foreign national resides in France without a residence permit.
- A threat to public order, when the person is considered a danger.
However, the OQTF is not always justified, and it is possible to take steps to contest it. However, appeal deadlines are strict and vary according to the type of OQTF received. Hence the importance of reacting immediately and finding out what to do in the event of an OQTF, so as not to lose the possibility of an effective appeal.
Types of OQTF
There are two types of OQTF, which determine the time limits and consequences of the measure:
- OQTF with deadline for voluntary departure: foreign nationals have 30 days to leave the country by their own means. After this period, they may be forcibly expelled.
- OQTF with no deadline for departure: the person is deported immediately, and may be placed in a holding center before being deported. This type of OQTF is often accompanied by a ban on returning to France (IRTF), which prevents any further application for a visa or residence permit for several years.
What should I do immediately after being notified of an OQTF?
Check the content of the decision
When you receive an OQTF, the first step is to read the notification carefully. It’s essential to understand the nature of the decision, as possible appeals depend on the type of OQTF received. The notification specifies :
- The reason for the decision (refusal of residence permit, threat to public order, etc.).
- Type of OQTF (with or without time limit).
- The deadlines and appeal procedures available for contesting the decision.
If the OQTF is accompanied by a ban on return, the time limit for taking action is extremely short (48 hours). In this case, it is imperative to be accompanied immediately by a specialist lawyer.
How to contest an OQTF: contact a specialist lawyer
As soon as you receive your OQTF, we strongly recommend that you consult an immigration lawyer such as Goldwin Partners. This firm, renowned for its expertise in immigration law, can advise you on the best strategy to adopt, and assist you with administrative and legal procedures.
A lawyer is essential for drafting a well-argued appeal, pointing out any legal flaws in the decision. He or she can also accompany you to the administrative court and represent you at hearings.
Gather the necessary evidence
To maximize your chances of contesting an OQTF, it’s crucial to gather all the documents that can justify your situation in France and support your appeal. These documents include
- Proof of stable residence (bills, rental contract, proof of accommodation).
- Documents proving professional activity or current training.
- Proof of family ties in France (marriage, children attending school, etc.).
- Medical certificates if you suffer from an illness requiring treatment in France.
These elements demonstrate your integration in France and can influence the decision of the administrative judge.
Possible appeals against an OQTF
Administrative appeal
The administrative appeal consists in asking the prefect to review his decision. However, this approach is rarely successful, as the prefecture often considers that the OQTF is justified.
Litigation before the administrative court
Appealing to the administrative court is the most effective way of contesting an OQTF. It must be lodged within a strict time limit, depending on the type of OQTF:
- 48 hours if the OQTF includes a ban on return.
- 15 days for an OQTF without a return ban.
- 30 days in the case of a deadline for voluntary departure.
A lawyer like Goldwin Partners can prepare your appeal by pointing out the legal irregularities of the OQTF and presenting solid arguments for its suspension or cancellation.
What should I do if my OQTF appeal is rejected?
Request a review of the situation
If the court rejects your appeal, there are still other possibilities. You can request a review of your situation if you have new information to present:
- A job offer or employment contract.
- Marriage or birth in France.
- A state of health requiring specific medical monitoring in France.
Preparing for voluntary departure
If no appeal is successful, it is preferable to organize a voluntary departure to avoid forced expulsion. This also avoids a ban on return, which would complicate any future plans to resettle in France.
Conclusion
When faced with an OQTF, it is essential to react immediately and not ignore the decision. There are a number of ways to challenge the decision and avoid deportation.
What to do after the OQTF deadline? Calling on a lawyer like Goldwin Partners remains the best option for defending your rights and exploring all possible legal alternatives.
Don’t remain isolated in this situation. Act quickly and use all the means at your disposal to protect your right to stay in France.
Frequently asked questions about the OQTF
Can an OQTF be contested?
Yes, an OQTF can be contested via an administrative or contentious appeal. The most effective way is to take the case to the administrative court within the allotted time.
How can I stay in France with an OQTF?
To remain in France despite an OQTF, you must lodge an appeal with the administrative court, request a re-examination of your situation in the event of new elements (employment, marriage, health) or apply for exceptional regularization through a law firm such as Goldwin Partners.
How long does it take to appeal against an OQTF?
The time limit varies according to the type of OQTF:
- 48 hours if the OQTF is accompanied by a re-entry ban
- 15 days for an OQTF without a return ban
- 30 days in the case of a deadline for voluntary departure
What to do after an OQTF has been cancelled?
If the OQTF is annulled by the court, you must apply to the prefecture for a residence permit or a new regularization. Goldwin Partners can help you with these procedures, which are not always easy to understand without legal aid.
What are the risks of not complying with an OQTF?
- Forced eviction
- A ban on returning to France (3 to 10 years)
- Difficulties in obtaining visas in the future
Is it possible to obtain a residence permit after an OQTF?
Yes, under certain conditions. If your situation changes (employment, family, health), you can apply for a new residence permit.
What to do in the event of an OQTF with immediate departure?
With the help of a specialist lawyer such as Goldwin Partners, you should take your case to the administrative court as a matter of urgency, to request suspension of the measure.
Can I return to France after an OQTF?
Yes, after expiry of the IRTF or by obtaining special authorization.
Can a minor be subject to an OQTF?
No, a minor cannot be subject to an OQTF. However, when they reach the age of majority, they may be concerned if they do not have a valid residence permit.
