The obligation to leave French territory (OQTF) is a removal measure taken by the prefect. It entails the obligation for a foreigner to leave French territory, more specifically, in the event of refusal to issue a residence permit or illegal stay in France.
Notification of the decision on the obligation to leave the territory French (OQTF)
The prefecture or the police can notify you of an obligation to leave French territory.
Consequently, you will receive this decision by post or directly by hand. It must contain the grounds on which it is based and state your country of removal.
You can, as soon as possible, inform your lawyer, the consulate of your country of origin or a person of your choice.
This decision aims to force you to leave French territory within 30 days. However, in certain specific cases, it may also require you to leave French territory without delay. An appeal is possible.
What are the deadlines for voluntary departure?
You have 30 days, from the notification of the decision, to leave France by your own means.
You can apply for voluntary return assistance. In certain special cases, such as the length of your stay in France, the schooling of your children, the prefect may extend this period. For this reason, you must apply to the prefect.
Do not forget that you must inform the administration of your steps for your departure. It can collect your identity or travel document in exchange for a receipt. This receipt indicates the time allowed for your departure.
Am I concernedé by the OQTF?
You must leave French territory within 30 days if you find yourself in one of the following situations:
- You have entered France (or the Schengen area) irregularly and you do not have a residence permit
- You entered France regularly, but you stayed there beyond the validity period of your visa
- Your residence permit application receipt or your temporary residence permit has not been renewed or has been withdrawn
- Your residence permit has been withdrawn, refused or has not been renewed or you no longer have the right to stay in France
- You have not requested the renewal of your residence permit and have remained in France after its expiry
- You are an asylum seeker and you have definitively received a rejection of your application for international protection
- You represent a threat to public order and have resided in France for less than 3 months
Obligation to leave the territory French (OQTF) without delay
You oblige to leave the French territory without delay, namely within 48 hours from the notification of the decision.
Am I concernedé by OQTF without delay ?
You are affected by the OQTF immediately if you find yourself in one of the following situations:
- You represent a threat to public order
- You are the subject of a refusal to issue or renew your residence permit for fraud or because your application for a residence permit is manifestly unfounded
- You risk running away
You must immediately leave France by your own means.
The French administration will then organize your departure.
Decisions accompanied d'une obligation to leave the territory French (OQTF)
An obligation to leave French territory can result in a ban on returning to French territory (IRTF). The OQTF can also lead to a measure of restriction or deprivation of liberty, such as house arrest or placement in administrative detention.
The ban on returning to French territory
When you have remained on French territory beyond the voluntary departure period, the prefect issues a decision prohibiting you from returning to France in connection with the obligation to leave France (OQTF). Penal sanctions may be imposed in the event of non-compliance with the ban on returning to French territory.
The French administration will then organize your departure.
You are away at destination:
- from your country of origin. However, the administrative authority has a discretionary power because humanitarian circumstances may justify it not issuing a ban on re-entry to French territory. For example, in the event of a threat to your life or freedom or in the event of acts of torture, inhuman or degrading treatment or punishment;
- the last country that issued you a valid travel document;
- from another country to which you may be legally admitted.
The IRTF lasts for a maximum of 3 years from the execution of the OQTF. Therefore, the IRTF prohibits you from returning not only to France, but also to any country in theSchengen area.
House arrest
House arrest is a measure that forces you to stay in a specific place. Its purpose is to monitor you for a short period (45 days) or for a long period (6 months).
Its objective is to monitor a foreigner who is unable to leave French territory or return to his country of origin.
This decision may be subject to renewal, and be accompanied by an obligation of periodic presentation to the police.
Placement in administrative detention
Administrative detention consists of keeping the foreigner in a closed place that cannot immediately leave France.
Placement in administrative detention is initially 48 hours. The judge may extend the time limit until 90 days when immediate departure from abroad is impossible (except in the case of terrorist activities where the delay is even longer).
These places are:
- Administrative detention center (CRA), guarded by the police
- Administrative detention room generally located in a police station
You have the right to a lawyer as soon as you arrive in detention. You can consult the association present in these places which can direct you to a lawyer.
Vérifier your eligibility for exceptions to the obligation to leave French territory (OQTF): protected aliens
The administration cannot force you to leave French territory if you find yourself in one of the following situations:
- You are a minor;
- Looking stay regularly in France for more than 20 years;
- You have resided regularly in France for more than 10 years;
- You are the parent of a minor French child residing in France;
- You can prove that you reside in France before the age of thirteen;
- You have been married for at least 3 years to a Frenchman;
- You have resided regularly in France for more than 10 years and you have been married for at least 3 years to a foreigner who has himself lived in France for at most the age of 13;
- You benefit from a work accident or occupational disease pension from a French organization for a permanent disability rate of at least 20%;
- You usually reside in France and your state of health requires treatment in France, which you would not be able to access in the country of removal.
Airiau Avocat is always at your disposal to assist you if you are the subject of a deportation decision. As soon as you receive a decision, you must send us a copy by e-mail so that we can intervene quickly.