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Distancing measures

The obligation to leave French territory (OQTF) is currently the most frequently used removal measure by the administration. It is issued when a foreign national is in an irregular situation, meaning they do not have the right to reside in France.

The law of January 26, 2024, strengthened this system by expanding the powers of the prefect and reducing the safeguards that could previously prevent removal.

An OQTF may be accompanied by a ban on returning to French territory (IRTF), preventing any legal return for a specified period. It also results in the individual’s registration in the Schengen Information System (SIS), which can have consequences for travel throughout the Schengen Area.

⚠️ Legal proceedings related to OQTFs are particularly complex and subject to very strict deadlines. The application must be filed within 48 hours of notification, and the administrative judge must rule within 96 hours.

Given this urgency, the firm is available at all times to ensure a swift and thorough response.

FAQs

What is the difference between an OQTF, a return ban, and an expulsion ?

Removal measures in France can take several forms and do not all serve the same purpose. An OQTF (Obligation to Leave French Territory) is an administrative measure that compels a foreign national to leave the country, often after a refusal of a residence permit, and may or may not include a period for voluntary departure. A ban on returning to French territory (IRTF) prohibits the recipient from returning to France for a specified period, which can be up to five years. This measure is accompanied by automatic registration in the Schengen Information System II (SIS II). Registration in SIS II results in a ban on entering the entire Schengen Area for the duration of the ban. Deportation is a more severe measure, targeting foreign nationals considered to pose a serious threat to public order and national security, and is subject to a specific procedure distinct from the OQTF. It can be issued by the prefect or the Minister of the Interior, depending on the circumstances.

How long do I have to contest the removal order that has been served on me ?

The time limit for contesting a removal order depends on the type of decision. Generally, an appeal against a removal order (OQTF) with a period for voluntary departure must be filed within 30 days of notification. For an OQTF without a period or accompanied by an administrative detention order, the appeal must be filed within 48 hours. A ban on returning to French territory usually accompanies an OQTF and is therefore contested simultaneously. The deportation order itself must be contested within 48 hours of notification in order to suspend its execution. In all cases, the assistance of an immigration lawyer is strongly recommended to prepare the appeal within the very short time limits imposed by these measures.

What arguments or documents can help me effectively contest a deportation order ?

To effectively challenge a removal order (OQTF), it is necessary to demonstrate the foreign national's personal integration as well as their family and/or professional ties in France. When the order accompanies a refusal of residency, it is generally by proving that the foreign national met the conditions for obtaining the requested permit that the removal order is overturned. Note : these are complex appeals subject to short deadlines. Legal counsel is strongly recommended.

Can I stay in France while the appeal against the removal order is being processed ?

Only an appeal to the administrative court suspends the deportation order and prevents any removal. It is therefore possible to remain in the country between the filing of the appeal and the court's decision.

What are the risks if I do not comply with the OQTF or the return ban ?

Failure to comply with a removal order (OQTF) can lead to a removal order (IRTF) being issued against the foreign national concerned, either if a new application for a residence permit is refused or during a simple identity check. The removal order, however, only begins to be enforced once the foreign national has left French territory; it therefore does not have the same impact on their administrative process in France.

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