A ban on returning to French territory is one of the most severe measures of expulsion under immigration law. Decided by the prefecture or the competent authority, it prevents a non-French national from returning to France for a specified period, sometimes lasting several years.
Often linked to an obligation to leave French territory (OQTF), this sanction can block any subsequent application for a residence permit and applies throughout the Schengen area.
The consequences are serious: family ties, career prospects, and more broadly, the possibility of rebuilding a life in France.
The assistance of an immigration lawyer is often essential in order to understand the administrative procedure and identify the avenues of appeal available to overturn or even challenge this decision.
But to do that, we need to act fast!
Key points to remember
- Nature and scope of the IRTF: this is an administrative sanction distinct from the OQTF, which prohibits return to France for a period ranging from a few months to 10 years, with automatic registration in the Schengen Information System (SIS II).
- Reasons for issuance: it is generally linked to non-compliance with an OQTF (obligation to leave French territory), but may also result from considerations of public order, criminal convictions, or administrative fraud.
- Duration and effects: from 2 to 10 years, extendable in the event of a repeat offense. During this period, it blocks any application for a residence permit and makes it impossible to enter the entire Schengen area.
- Personal and criminal consequences: serious family, social, and professional repercussions. In the event of a violation, the person is liable to three years in prison and a fine of 3,750 €, as well as a new ban.
- Appeals and revocation: there are several avenues for contesting a decision (informal appeal, hierarchical appeal, litigation), but they are subject to very short deadlines. Revocation or reduction is possible in the event of new or favorable circumstances, often with the help of a lawyer.
Understanding IRTF: definition, role, and legal framework
What is IRTF?
The IRTF (Interdiction de Retour sur le Territoire Français, or ban on returning to French territory) is an administrative measure that prohibits a foreign national from returning to France for a specified period of time, ranging from a few months to ten years depending on the case. This decision is accompanied by an entry in the Schengen database, extending the travel ban to the entire European area (27 countries).
It often applies in addition to a departure obligation, but constitutes a separate act, communicated separately and requiring clear explanation.
Throughout the entire period specified:
- Any attempt to cross the border may result in immediate deportation or prosecution.
- Identity details are recorded in a European database (SIS II), which is consulted during every check at member countries’ points of entry.
A foreign national may be subject to an IRTF even if they are well established with a stable job. In some cases, those concerned are not even aware that they are being targeted, particularly when the information provided is incomplete or difficult to understand.
The duration and conditions of application must be specified in the document. A lack of clarity or irregular transmission may allow the penalty to be overturned if action is taken quickly with appropriate legal assistance.
What is the difference between OQTF, IRTF, IAT, and ICTF?
It is not always easy to navigate all these acronyms. Here are some explanations of the provisions set out in the CESEDA (Code on the Entry and Stay of Foreigners and the Right of Asylum):
- OQTF (obligation to leave French territory): decided by the prefect, it requires the foreign national to leave France within a specified period (30 days) or immediately in an accelerated procedure. If it is not enforced or if the foreign national remains beyond the deadline, it may trigger an IRTF. (Articles L. 611-1 to L. 612-3 CESEDA)
- IRTF: (prohibition on returning to French territory), often linked to an OQTF, results in registration in the Schengen database and affects stays throughout the European Union. It is mandatory if no extension is granted or if the OQTF is not complied with, except on humanitarian grounds. (Articles L. 612-6 to L. 612-11 CESEDA)
- IAT (administrative ban from French territory): imposed by the Minister of the Interior for reasons of public safety. This ban from French territory may be temporary or permanent. (Articles L. 631-1 et seq. of the CESEDA)
- ICTF (ban on movement within French territory): this mainly targets EU citizens, restricting their movement within France. It may result from a court order, expulsion, or house arrest. (Articles L. 632-1 to L. 632-3 CESEDA)
Failure to comply or comply may result in administrative detention in a specialized center, a summons, or criminal penalties.
In what cases can an IRTF be imposed?
After an OQTF (obligation to leave French territory) and in the event of failure to comply with the voluntary departure deadline
The most common situation arises when an OQTF with a deadline or an OQTF without a deadline has been notified by the prefect and the foreign national has not left France. This refusal to comply with the requirement to leave the country as provided for by law may automatically result in a ban on return. In some cases, the person concerned may be placed in a detention center or under house arrest. The duration is determined according to the seriousness of the facts and the conditions of residence.
Until the judge has ruled on your appeal, you are not considered to be in an irregular situation.
For reasons of public order or following a conviction
Even in the absence of a prior OQTF, Articles L. 612-6 et seq. of the CESEDA allow for a return ban to be imposed when a foreign national poses a threat to public order. This covers, in particular, acts such as:
- violences,
- drug trafficking,
- serious offenses against property,
- or repeated failure to comply with the rules governing entry and residence.
In addition, a criminal conviction handed down by a court may justify IRTF. In the most serious cases, such as certain crimes punishable by imprisonment, the duration of the ban may be set at the level closest to the legal maximum (up to 10 years).
Other situations covered by CESEDA
The CESEDA also provides for a ban on return in specific cases, such as:
- the use of falsified or fraudulent documents,
- the deliberate concealment of essential information during proceedings,
- certain situations where a ban on leaving the country is linked to an administrative or judicial decision.
Are you subject to any of these penalties?
G Partners, based in Paris, can analyze your situation, prepare an appropriate appeal, and defend your rights before the competent court. Contact us now for personalized assistance and to preserve your chances of staying or returning legally to France.
Duration and effects of an IRTF
IRTF deadline depending on the situation
This may vary depending on the reason and the situation. As a general rule, CESEDA sets a maximum limit of two years for standard cases, which may be extended to five years, and up to ten years in cases where there is a threat to public order or a criminal conviction.
A two-year extension is possible if the foreign national remains despite an OQTF (obligation to leave French territory) or returns before the end of the IRTF (temporary residence permit).
The period begins to run from the moment the OQTF is enforced, i.e., from the day the foreign national leaves France or the European Union. The foreign national must therefore calculate the duration from this specific date. In simple cases (e.g., a first IRTF after failure to comply with an OQTF), the ban is often set at between 1 and 3 years.
The criteria taken into account are:
- time spent in France,
- family or professional ties,
- history of removal,
- severity of offenses,
- threat to public order,
- representation guarantees.
The decision must be justified in law and in fact to allow for an effective appeal. A reduction or repeal remains rare and requires new favorable elements.
Effects on applications for residence permits and entry into the Schengen area
The IRTF acts as a legal obstacle to any application for a residence permit. This ban applies to all types of permits (residence card, resident card, specific permits) and prevents regularization, except in cases of humanitarian exceptions or to preserve family unity with a French national.
Automatic registration in the European non-admission database (SIS II) extends its effects to the entire Schengen area and results in:
- visa refusal in all member countries,
- the ban on entry at external borders,
- the possibility of being intercepted during internal checks.
If the foreign national returns to France before the measure expires, they will be liable to criminal penalties (up to 3 years’ imprisonment).
A cancellation by the administrative court in the context of an appeal or a repeal may result in the lifting of the ban. However, an IRTF does not prevent the filing of an asylum application.
Finally, the mere existence of an IRTF that has been notified for more than three years, if it is not backed up by a recent OQTF, does not allow the person to be placed in a detention center or placed under house arrest. does not allow the person to be placed in a detention center or placed under house arrest (Case law Court of Cassation, Nov. 17, 2021 – Appeal No. 20-17.139 ).
Consequences of an IRTF
On personal and family life
Forced separation from loved ones is one of the most painful situations, especially when a family or children are involved. Beyond the legal aspect, IRTF also has very concrete repercussions: inability to maintain family ties in France, absence from major events such as funerals or weddings. or a birth, and loss of certain social rights to which the foreigner was entitled.
In a married couple, maintaining this sanction can put an end to any joint plans. When one spouse has legal status, the imposed separation not only leads to emotional distance, but also has lasting psychological and material impacts. The courts sometimes accept that a serious disruption to family life justifies a repeal, but this remains exceptional.
For a child, there are two choices: follow the distant parent and lose their academic and social bearings, or stay in the country and live apart. International texts protect the best interests of the child, but their practical application remains uncertain, often leaving families in a state of great insecurity.
Criminal implications in the event of unauthorized return
In the event of non-compliance, the law provides for criminal penalties: up to three years’ imprisonment and a fine of 3,750€. This penalty may be accompanied by other return bans.
It applies as soon as the person registered in the control system crosses the border, including for air transit. Aggravating circumstances include repeat offenses, the commission of other offenses, the use of false documents, or the organization of return through networks.
Good faith or refusal to acknowledge the existence of the measure does not exclude liability: proper notification is sufficient to presume that the person concerned was aware of it.
Appeal to challenge an IRTF
First and foremost, it is important to distinguish between three mechanisms: repeal, cancellation, and reduction of the IRTF.
| LEGAL TERM | WHO DECIDES? | EFFECT IN TIME | CONCRETE EXAMPLE |
|---|---|---|---|
| Repeal | Prefecture (or sometimes court) | The measure ceases to apply in the future, but remains valid for the past | A 3-year IRTF is repealed after 1 year → the person can legally return from the date of repeal |
| Cancellation | Administrative court | Retroactive disappearance: it is as if the measure had never existed | A three-year IRTF is canceled after appeal → the person can return immediately, and their administrative record is “cleaned” of this decision |
| Reduction | Prefecture (most often) | The duration is shortened but the measure remains valid | A 3-year IRTF is reduced to 18 months → the person must wait until the end of the 18 months before returning to France. |
How can I get a cancellation?
This challenge can be made in three ways, once the IRTF notification has been delivered to the foreign national:
- Informal appeal: sent directly to the administration that made the decision. This is a request for an amicable review, which is often quick but has a limited success rate.
- Appeal to a higher authority: submitted to the Minister of the Interior, who may overturn or modify the decision made by the prefecture.
- Contentious appeal: filed with the competent administrative court. This is the most legally sound option, but it requires strict compliance with deadlines and, ideally, the assistance of a lawyer.
These procedures are free of charge but subject to very strict deadlines, which are essential for the appeal to be admissible: 30 days in the normal course of events, 7 days in the case of house arrest, and 48 hours in the case of detention. Once the case has been referred to the judge, the judge reviews the legality and proportionality of the act. The advice of a lawyer remains crucial at this stage.
Admissible arguments
The challenge may be based on:
- procedural irregularities (insufficient grounds, improper notification, incompetent signature),
- substantive arguments (excessive interference with family life, manifest disproportion),
- or humanitarian reasons (health, advanced age, dependency).
What if the deadlines are missed?
Late appeals are still possible, but only in cases of major defects (non-existent notification, flagrant illegality) or new circumstances (marriage, birth, significant change in circumstances).
Deletion or reduction
Early termination of the IRTF may be requested if circumstances have changed or if there are guarantees of integration (stable employment, family ties, no repeat offenses). The request, addressed to the prefectural office, must be supported by solid evidence.
When revocation is not possible, the foreign national may request a reduction in duration, for example in the event of exceptional difficulties or an initial error. The administration will assess the request, but its refusal may again be subject to appeal.
Common mistakes that aggravate an IRTF
Many foreigners underestimate the indirect implications of the IRTF and make mistakes that prolong or aggravate their situation. The most common mistake is attempting to return to France or the Schengen area during the period of prohibition: this behavior not only results in automatic rejection but also exposes them to criminal prosecution.
Another common mistake is to apply for a visa directly at a French prefecture instead of applying to the consular authorities in the country of residence, which systematically leads to rejection.
Finally, ignoring the deadlines for appeal or failing to put together a solid case for revocation prevents any possibility of future regularization. These mistakes, often due to a lack of knowledge of the law, can keep a foreign national permanently registered in the Schengen database, with the risk of making their legal return to Europe even more difficult.
Support from a lawyer specializing in long-term disability insurance
Why hire a lawyer?
Managing a case involving a return ban requires careful analysis and rigorous monitoring. An experienced professional can provide tailored advice, identify weaknesses in the procedure, and develop a personalized strategy.
He is well versed in the rules in force and knows how to spot errors or omissions that could influence the outcome, such as a poorly notified decision or an incorrect report. This expertise enables him to anticipate regulatory changes and adapt the defense strategy accordingly.
Representation before the competent authorities also requires a good knowledge of the rules of evidence and argumentation techniques. The professional will know how to prepare a clear case file, structure the arguments, and present each point in a convincing manner.
Support includes, in particular:
- assessment of the strength of the case
- the careful preparation and drafting of the necessary documents
- assistance during interviews or hearings
- the management of an accelerated procedure or detention placement
- follow-up until the removal or modification of the measure
If you are subject to an IRTF or know someone affected by it, contact G. Partners Law Firm without delay to receive a personalized analysis and defend your interests effectively.
Conclusion: Protect your rights with tailored legal expertise
The IRTF is one of the most restrictive measures in immigration law, with long-lasting effects on personal, family, and professional situations. Its legal complexity and the variety of cases it may concern require specialized support to identify appropriate avenues of appeal and maximize chances of success.
Administrative case law is constantly evolving, offering new opportunities for contestation but also requiring ongoing legal monitoring. The expertise of an experienced immigration lawyer becomes crucial for navigating this regulatory and case law complexity.
The G Partners Law Firm has the necessary expertise to support you in all procedures related to the IRTF: case analysis, evaluation of success chances, drafting appeals, representation before administrative courts, and monitoring of repeal requests. Our personalized approach takes into account each individual’s specificities to build the most effective legal strategy.
Don’t wait for the appeal deadlines to expire. Every day counts, and early intervention by a professional can make all the difference.
Contact Maître Olivia Zahedi for a personalized consultation and find out how we can help you regain your freedom of movement and future prospects in France.
Frequently Asked Questions about IRTF
How do I know if I am subject to an IRTF?
The administration typically notifies the foreign national in writing. This IRTF notification must mention the maximum duration as prescribed by the CESEDA (French Immigration and Residence Code) and the available avenues for appeal. In practice, many foreign nationals discover the ban during a border police check. The notification can be contested in administrative court as part of a legal challenge.
What are the average processing times for a repeal or reduction request?
There is no fixed deadline. Some prefectural services respond within a few months, while others may take more than a year. The lack of response can be contested before the administrative court.
Does the IRTF block a residence permit application?
Yes. The IRTF prevents any residence permit application during its duration. The prefecture systematically rejects any regularization attempts, whether for a family, work, or any other type of permit. As long as the IRTF has not expired or been repealed, no residence permit can be issued. Only exceptional cases, such as marriage to a French national or the birth of a French child, may justify a prior request for repeal.
Is the IRTF always revocable?
No, its repeal is not automatic and is at the discretion of the prefectural authority. It requires meeting strict criteria: a minimum of one year after the actual departure, evidence of positive personal development, and no further violations of public order. The acceptance rate for repeal requests remains statistically low.
What’s the difference between ITF and IRTF?
The ITF (ban from French territory) is a punitive measure decided by a criminal judge, usually following a serious crime or offense. It is an integral part of the sentence and leads to deportation after any potential detention is served. It can be contested through an appeal. Both measures can coexist.
The IRTF, on the other hand, is an administrative sanction, not a criminal one, decided by the prefect. It is often associated with a deportation decision and sets a period during which the foreign national cannot return.
