Obligation to leave the territory

Illegal foreigners in France may be subject to an obligation to leave the territory (OQTF). An OQTF can also be taken in the event of a refusal to issue or renew the residence permit “titre de séjour” .

Illegal foreigners in France may be subject to an obligation to leave the territory (OQTF). An OQTF can also be taken in the event of a refusal to issue or renew the residence permit “titre de séjour” (for more information on titre de séjour, click here). This OQTF can foresee two situations:

i. OQTF within 30 days: you have 30 calendar days, from the notification of the decision, to leave the country on your own. An extension or a waiver of time may be granted by the “préfet”, due to your situation. He may also ask you to report to the police station or the gendarmerie three times a week until your departure. You can apply for voluntary return assistance.

ii. OQTF said without delay: you have 48 hours, from the notification of the decision, to leave the country on your own. This decision is made when you: a. Represent a threat to the public order; b. Had a residence permit refused due to fraud or c. Risk running away.

The administration cannot force you to leave the territory, in either case, when:

i. You have been in France regularly for 10 years (20 years, if it is a student residence permit);

ii. You are a minor or if you have lived in France since your childhood (minor of 14 years old);

iii. You have been married for 3 years to a French person or a foreigner residing in France since his childhood;

iv. You are the parent of a minor residing in France;

v. You benefit from a work accident or occupational disease pension from a French organization for a permanent disability rate of at least 20% or vi. You live in France and you need medical care, which you would not be able to access in the country of return. The decision taken by the “préfet” must be substantiated (on the facts and the law) and establish the country to which you will be returned if you do not leave voluntarily within the delay. This decision may also set other measures, such as the ban on re-entering France (the IRTF prohibits the application for a visa to France or to another country of the European Union). At the end of the period (30 days or 48 hours) you must have left France by your own means. If you are still in the country, you can be placed in a detention center or under house arrest. The OQTF can be contested within a period that varies from 15 to 30 calendar days, for the OQTF with a period of 30 days, or within 48 hours, for an OQTF known as without delay. Thus, you must act quickly, in order to ensure the defense of your rights and, possibly, avoid been expelled from the country. You can get legal aid to pay your legal fees (for more information on legal aid, click here). You cannot be deported while the proceedings are taking place at the Administrative Court. The Administrative Court's decision may annul the OQTF or only accessory decisions of the OQTF, such as the IRTF. In case of rejection, an appeal against the decision of the Administrative Court is possible, however, you may be expelled during the appeal. It should be said that, when a foreigner does not return to his country after an OQTF, nor is expelled by France, the OQTF expires after one year, therefore, to expel this foreigner, a new OQTF will be required.