Free Legal Aid (Aide Juridictionnelle) for Immigration Appeals: How to Qualify
Navigating an Obligation de Quitter le Territoire Français (OQTF) or any other immigration decision can feel overwhelming—especially when paying a lawyer or court fees is simply impossible. The good news is that France’s Aide Juridictionnelle (AJ) scheme offers free or reduced-cost legal assistance to anyone who meets the income and merit criteria, including undocumented migrants. This guide breaks down the 2025 rules, the exact financial thresholds, and the step-by-step process to secure AJ for immigration appeals in the tribunal administratif and cour administrative d’appel.
1. What Exactly Is Aide Juridictionnelle?
Aide Juridictionnelle is a State-funded program (Law n° 91-647 of 10 July 1991, Decree n° 2024-1762 of 18 December 2024) that covers all or part of:
- Lawyer’s fees (including postulation and hearing attendance)
- Bailiff and interpretation costs
- Court registry taxes and stamp duties
- Expert reports ordered by the judge
For immigration matters, AJ is most commonly used for:
- OQTF and IRTF appeals (see our detailed OQTF guide)
- Visa refusals (recours CRRA or TA Nantes)
- Residence-permit refusals and withdrawals
- Naturalisation rejections or postponements (recours gracieux and recours pour excès de pouvoir)
2. Do You Qualify? 2025 Income & Asset Limits
Eligibility rests on two pillars: resources and case merits. For immigration files, the second criterion is rarely a problem—the Conseil d’État has clarified that the right to an effective remedy under Article 13 ECHR normally satisfies the “seriousness” requirement. Your main task is therefore to prove low income.
| Household Size | Full AJ ≤ (net resources) | Partial AJ (55 %) | Partial AJ (25 %) |
|---|---|---|---|
| 1 person | €1 154 / month | €1 154–€1 356 | €1 356–€1 729 |
| 2 people | €1 346 | €1 346–€1 579 | €1 579–€2 011 |
| 3 people | €1 537 | €1 537–€1 803 | €1 803–€2 292 |
| Add per extra dependent | +€192 | +€226 | +€285 |
What counts as “resources”?
- Net taxable income (France + abroad)
- Regular allowances (ADA, RSA, CAF)
- In-kind benefits (free lodging, food support)
What is excluded?
- Family allowances up to €160/month
- Back-to-school bonus (ARS)
- Housing benefits (APL/ALS) already earmarked for rent
The resource period examined is the last 12 months, but sudden changes (loss of job, separation) can be documented for an exception.
Undocumented migrants with no tax return
If you do not yet file taxes in France, you can still qualify by providing:
- Recent payslips if you work (even irregularly)
- Certified bank statements from the past three months
- CAF or ADA payment proofs
- A sworn statement of support from the person housing you
Our article on tax filing for first-year residents explains how to quickly obtain a numéro fiscal—handy for future AJ requests.
3. How to Apply in Practice
- Download or collect Form CERFA 161466 (English help sheet available on Justice.fr).
- Gather supporting documents:
- Proof of identity or passport copy (yes, expired documents accepted)
- Prefecture decision (OQTF, refusal letter) or consulate refusal
- Proof of filing or intended appeal (receipt, registered-mail proof)
- All income evidence listed above
- Choose your lawyer.
- If you already have one, tick “avocat choisi” and have them sign box √.
- If not, the bureau d’aide juridictionnelle (BAJ) will appoint a lawyer from the local bar.
- File the dossier:
- Where? For immigration appeals: the BAJ attached to the tribunal administratif that will hear the case (e.g., TA Paris, TA Montreuil). Visa appeals go via BAJ of TA Nantes.
- How? In person, by mail, or since April 2025 online via the AJ portal on Justice.fr (FranceConnect+ account required).
- Deadlines: You must submit AJ within 15 days after lodging the appeal to keep the benefit retroactive. For OQTF appeals (30-day clock), best practice is to file the AJ request together with the appeal.
- Decision timeframe: 7–15 days in urgent OQTF matters; up to 4 weeks for other cases. If the BAJ is silent after 30 days, you may consider it implicitly refused and file a recours to the first-president of the court.
4. Full vs Partial Aid: Who Pays What?
- Full AJ (100 %): The State pays everything; your lawyer cannot charge you additional fees.
- Partial AJ (55 % or 25 %): You and your lawyer sign a written fee agreement for the remainder. Always ask for a detailed cost estimate before accepting.
Tip – Even with partial AJ, many immigration lawyers agree to cap the balance at an affordable lump sum because procedural steps are largely standardised. Don’t hesitate to negotiate.
5. Maintaining Aid Throughout the Case
AJ can be withdrawn if:
- Your financial situation improves significantly (new job, inheritance)
- The appeal is declared abusive or dilatory
Notify the BAJ within one month of any resource change. Failure to do so can result in repayment of State-covered costs.
6. Common Pitfalls and How to Avoid Them
- Missing the AJ deadline: Send the form by Lettre Recommandée avec Accusé de Réception (LRAR) stamped no later than Day 15.
- Incomplete income proof: If you lack documents, attach a sworn statement and explain why. BAJ clerks often grant a short extension.
- Wrong jurisdiction: Check the court indicated on your refusal/OQTF letter. Filing at the wrong BAJ delays everything.
- Choosing no lawyer: Self-representation is allowed in administrative courts, but complex immigration law usually requires professional advocacy, especially for fast OQTF timelines.
7. Can AJ Cover Pre-Appeal Work?
Yes—Article 20 of the 1991 Law allows “consultation before litigation.” If you seek legal advice to decide whether to appeal, ask the lawyer to specify it on the form (box “assistance préalable”). This is extremely useful for naturalisation refusals, where strategic choices (gracious vs contentious appeal) matter.
8. Linking AJ to Future Procedures
Securing AJ creates a certificate you can reuse for second-level appeals (e.g., from TA to CAA) provided your resources haven’t changed. Always keep a digital copy in your ImmiFrance client space.
Frequently Asked Questions
Can I get AJ if I hold an expired passport? Yes. The BAJ only needs proof of identity; an expired or even photocopied passport is acceptable.
Will AJ cover translation of foreign documents? Only if the judge orders a certified translation. Otherwise, the cost is on you.
What if my appeal loses—do I repay AJ? No, AJ is not a loan. Repayment is due only if you lied about resources or the court finds the action abusive.
Can I change lawyers after AJ is granted? Yes, but you must inform the BAJ and obtain the new lawyer’s agreement. No fresh resource review is needed.
Ready to File Your Appeal? We Can Help
Time is critical—especially with a 15-day window for AJ and a 30-day clock for OQTF appeals. ImmiFrance can:
- Analyse your decision within 24 hours
- Draft the AJ request and assemble missing resource proof
- Connect you with a vetted immigration lawyer who accepts AJ cases
- Track BAJ progress and relay updates in real time
Book a free 15-minute eligibility call at ImmiFrance.com and protect your right to stay in France today.