From Undocumented to Documented: Step-By-Step Regularization Through Employment

Why consider regularization through employment in 2025?

Living and working in France without papers is stressful: no stable contract, no health coverage, the fear of an identity check on the way to work. Yet every year several thousand undocumented workers obtain a residence permit thanks to their job. The procedure is called Admission exceptionnelle au séjour pour raison professionnelle (exceptional admission to stay for professional reasons), often shortened to “regularization through work”.

In January 2024, the French Parliament revised the immigration law, creating a new temporary residence permit for workers in shortage occupations (titre de séjour « métiers en tension »). Whether you fall under the classic scheme or this new track, the steps below will help you build a solid case in 2025.

Good to know: being employed illegally does not automatically lead to deportation. French labor law recognizes the reality of undeclared work and, under strict conditions, allows you to turn your job into a legal status.

1. Check if you meet the main eligibility criteria

The prefecture has a margin of discretion, but case law and circulars (especially the Valls circular of 28 November 2012, still used as a guideline) provide a framework. You generally need to prove:

  • Continuous presence in France: at least 3 years (sometimes 5) with supporting evidence such as stamped passport pages, transport tickets, medical bills, bank withdrawals, or dated photos.
  • Employment history: 8 to 24 payslips in the last 24 months, depending on the department. Multiple employers are accepted if the total hours are coherent.
  • A job offer or work contract: a CDI (open-ended contract) or a fixed-term contract (CDD) of at least 6 months, signed by an employer willing to support your application.
  • No serious criminal record: minor traffic fines will not block you, but repeated offenses or identity fraud can.

New « métiers en tension » permit

If you work in one of the nationally recognized shortage occupations (hospitality, construction, agri-food, personal care, IT, etc.), the minimum presence requirement is now 3 years with at least 12 months of payslips over the past 24 months. The employer does not have to pass the usual labor market test, making approval quicker.

2. Collect every piece of evidence of your stay and work

Being methodical is half the battle. Start an electronic folder and a physical binder with clear tabs:

  • Identity: passport, birth certificate (+ sworn translation if not in French).
  • Proof of entry: visa, entry stamp, or travel tickets.
  • Proof of continuous presence: housing leases, electricity bills, money transfer receipts, school certificates for children.
  • Employment: original payslips, attestations d’emploi, bank statements showing salary payments.
  • Tax and social contributions: URSSAF declarations (if the employer made them) or sworn statements.
  • Employer documents: signed job offer, Cerfa 15186-03 form, company registration (KBIS), last tax return.

A neat wooden desk with a labeled binder reading “Regularization Dossier”; inside, color-coded dividers separate sections for identity, payslips, taxes, and proof of stay. Sticky notes list tasks: “translate birth certificate”, “request 2023 payslips”, “print KBIS”.

Tip: Photos of envelopes showing your name and French address are accepted as proof of presence. Print them on A4 paper and write the date underneath.

3. Secure your employer’s commitment

Regularization is impossible without an employer willing to play the game. Explain that:

  • The company will need to sign the Cerfa 15186-03 (or 15619-01 for seasonal work) and pay a fee to OFII after approval. The amount ranges from 55 € to 300 €, depending on the contract duration.
  • Any previously unpaid social contributions will become due, but URSSAF often allows staged repayment.
  • Hiring you legally eliminates the risk of heavy fines for undeclared work.

If your employer hesitates, suggest calling ImmiFrance for a confidential assessment or reading the official FAQ on service-public.fr.

4. Book a prefecture appointment – even if slots are scarce

Most prefectures use online portals where slots open randomly. Persistence is key:

  • Refresh the booking page early mornings and late at night.
  • Use different browsers and clear cookies.
  • Politely request help from a local association (Cimade, GISTI) that may have dedicated channels.

ImmiFrance offers prefecture appointment assistance as part of its residence-permit support service, saving you weeks of uncertainty.

5. Prepare for the day of submission

Bring two complete copies of your dossier plus the originals. The officer will usually:

  1. Check your identity and take fingerprints.
  2. Review your contract, payslips, and employer form.
  3. Issue a Récépissé valid for 4 to 6 months, which immediately authorizes you to work.

If anything is missing, you will receive a request (complément de dossier) with a deadline, typically 30 days.

Possible interview questions

  • How did you enter France?
  • Where have you lived since arrival?
  • Describe your current job tasks and working hours.
  • Why didn’t you apply for a visa before coming?

Answer briefly and honestly; inconsistencies can hurt your credibility.

6. What happens after submission?

  1. Labor inspection opinion – optional: The prefecture may consult the regional labor authority (DREETS). This adds 2 to 8 weeks.
  2. Security checks – automatic.
  3. Decision:
    • Positive: you receive a SMS/e-mail to collect your card (titre de séjour) after paying a tax stamp (225 € for a one-year "salarié" card, 75 € for the 1-year "métiers en tension" permit).
    • Negative: you may receive an OQTF (order to leave French territory). You have 30 days (sometimes 15) to file an appeal with the administrative court.

Average processing time in 2025 is 4 to 7 months, but Paris, Seine-Saint-Denis, and Rhône can take longer.

7. If your application is refused

Do not panic. Many refusals are overturned by judges, especially when the prefecture ignored solid work evidence. Actions you can take:

  • Administrative appeal (recours gracieux ou hiérarchique). Low cost, but does not suspend the OQTF deadline.
  • Judicial appeal before the administrative court. You must detail factual errors and legal breaches (e.g., misinterpretation of Article L.435-1 CESEDA).
  • Request legal aid (aide juridictionnelle) if your income is below the threshold.

ImmiFrance can connect you to partner lawyers specialized in immigration litigation – book a first consultation here.

8. After you receive your residence permit

Congratulations, you’re now documented! Remember to:

  • Register for Ameli to get health insurance.
  • Declare income to the tax office (even if zero) – essential for future renewals and naturalization.
  • Renew your permit 2 to 4 months before it expires. Keep collecting payslips; renewal is largely automatic if you stay employed.
  • Consider the path to a 4-year "Passeport Talent" or, after 5 years of legal stay, apply for the 10-year resident card.

Smiling cook shaking hands with his restaurant manager inside a bistro kitchen after receiving his French residence permit; the card is partially visible in his hand, displaying the tricolor flag.

9. Frequently asked questions

Can I change employers while my dossier is pending?
Yes, but notify the prefecture with the new contract and payslips to avoid doubts about the continuity of employment.

What if my employer refuses to help?
You can still apply by showing previous payslips and a future job promise from another company. Prefectures value current employment more, but they do not require the same employer who provided the payslips.

Does paying taxes help?
Absolutely. Filing an impôt sur le revenu declaration, even with zero tax due, shows integration and financial transparency.

I only have cash payslips (bulletins de paie papier) without social contributions. Are they valid?
They count as evidence, but the prefecture may demand proof the employer paid contributions. URSSAF can issue a regularization statement if the employer cooperates.

Can family members benefit from my regularization?
Not automatically. Spouses and minor children may later apply for the "private and family life" permit once you hold a legal status and meet income thresholds.

10. How ImmiFrance simplifies the journey

  • Personalized eligibility assessment within 24 hours.
  • Secure document checklist in your dashboard and real-time case tracking.
  • Prefecture slot booking and file preparation.
  • Direct line to a network of specialized immigration lawyers for complex cases or appeals.

Ready to move from uncertainty to stability? Start your regularization process with experts who understand both the law and the human stakes.

👉 Request your free pre-evaluation and take the first concrete step toward a documented life in France.

Information accurate as of 18 July 2025. Immigration rules can change; always verify the latest requirements with your prefecture or a qualified professional.

OQTF Explained: Your Options to Contest an Obligation to Leave France

Understanding an OQTF in 2025

When the prefecture refuses your residence permit or discovers you are staying without legal status, it can deliver an Obligation de Quitter le Territoire Français (OQTF). The document orders you to leave France and often comes as a shock. Yet an OQTF is not the final word. French law offers several ways to contest the decision and protect your right to stay, provided you react quickly and follow the correct procedure.

In this guide you will learn:

  • The different forms of OQTF and the strict appeal deadlines attached to each
  • Practical steps to take in the first 24 hours after receiving the order
  • How to prepare a solid appeal file for the Tribunal Administratif
  • Your rights to a lawyer, legal aid, and residence during the procedure
  • How ImmiFrance’s network of immigration lawyers can significantly improve your chances of success

Key takeaway: appealing an OQTF is a race against the clock. Missing a single deadline can make the order immediately enforceable and expose you to removal or detention.


1. What exactly is an OQTF?

The OQTF was created by the Law of 24 July 2006 and is now codified in Articles L612-1 to L612-5 of the Code de l’entrée et du séjour des étrangers et du droit d’asile (CESEDA). It can be issued in three main circumstances:

  • Refusal to issue or renew a residence permit
  • Expiry of a visa or residence permit without a new application in process
  • Discovery of an undocumented stay during a police check or at the prefecture

An OQTF always contains:

  • The legal reasons for expulsion (articles of CESEDA)
  • The country to which you must return
  • A departure deadline (or none if immediate removal)
  • Information on appeal procedures and deadlines
  • Possible additional sanctions such as an interdiction de retour (IRTF) that can bar you from the Schengen area for up to five years

Illustration of a worried migrant reading an official French letter with the bold words “Obligation de Quitter le Territoire Français”, while a calendar shows tight deadlines and a lawyer points at legal documents, symbolizing urgency and legal assistance.


2. Types of OQTF and corresponding deadlines

Not all OQTFs are the same. Identify yours immediately so you do not use the wrong deadline.

  1. OQTF with 30-day voluntary departure

    • You have 30 days to leave France voluntarily.
    • Appeal deadline: 30 calendar days from the date of notification.
  2. OQTF without delay (immediate removal)

    • Delivered when authorities consider you a flight risk or a threat to public order.
    • Appeal deadline: 15 days.
  3. OQTF issued while you are in administrative detention (CRA) or under house arrest

    • Appeal deadline: 48 hours. The judge must rule within 96 hours but in practice hearings take place faster.
  4. OQTF following an asylum refusal by OFPRA or CNDA

    • If no new elements are provided, appeal deadline: 15 days.

Missing the cut-off makes the OQTF final. Late appeals are automatically rejected.


3. First steps after receiving the order

  1. Check the notification date

    • Keep the envelope or the proof of hand-delivery. The postmark or signature determines your deadline.
  2. Photocopy and scan every page

    • Include annexes such as the IRTF or any removal order.
  3. Contact a qualified lawyer immediately

    • If funds are limited, request aide juridictionnelle (legal aid) at the nearest Tribunal Administratif. The form (Cerfa 16146*01) must be filed within the appeal period.
  4. Collect supporting documents

    • Proof of family life in France (marriage certificate, PACS, children’s school certificates)
    • Employment contracts, payslips, or promise of employment
    • Medical records if you receive treatment unavailable in your home country
    • Language certificates or integration evidence (OFII courses, diploma)
  5. Mind your address

    • If you move, notify both the prefecture and the court to receive all correspondence.

4. Preparing the appeal (Recours contentieux)

The appeal is filed with the Tribunal Administratif that issued the OQTF, not with the prefecture itself. It must contain:

  • Your full identity and current address
  • A copy of the contested OQTF
  • A mémoire (legal brief) explaining why the decision violates the law or your personal situation
  • All evidence numbered and listed in an annex

The most common legal arguments include:

  • Procedural defects: The prefecture forgot to mention appeal rights, used the wrong legal basis, or failed to interview you.
  • Disproportionate impact on private and family life: Protected under Article 8 of the European Convention on Human Rights.
  • Medical reasons: Article L425-10 CESEDA allows residence if treatment is unavailable in the country of return.
  • Mistake of law or fact: Prefecture ignored documents proving continuous residence or a pending application.

Tip: Ask the court for a suspensive effect (référé suspension) at the same time. If granted, the OQTF cannot be enforced until the judge rules on the merits.


5. At the hearing: what to expect

The administrative judge will review written submissions first. You or your lawyer can also make oral observations, but these must stick to points raised in the brief. The prefecture is usually represented by a government lawyer.

Possible outcomes:

  • Annulment: The OQTF is cancelled. You may apply for a residence permit without fear of removal.
  • Partial annulment: The IRTF is struck down but the order to leave remains, or vice versa.
  • Rejection: The OQTF is upheld. In that case, the prefecture can enforce removal at any time.

A written decision (jugement) is sent by post within one to four weeks. If negative, a further appeal to the Cour Administrative d’Appel is possible, but does not suspend removal unless you file a new emergency request.


6. Your rights during the appeal

  • Legal aid: 100 percent coverage if your monthly income is below 1,097 € (single person, 2025 threshold). Partial aid up to 1,645 €.
  • Interpreter: Free translation during police interviews and court hearings.
  • Temporary stay: You may remain on French territory until the judge decides, if your appeal is filed within the legal deadline. Keep the court’s receipt with you at all times.
  • Access to your file: You or your lawyer can request a copy of the prefecture’s dossier to verify what documents were used against you.

7. Special cases: OQTF and work, family, or studies

  1. Employees and entrepreneurs

    • Holding an OQTF cancels your existing work permit. If the order is annulled later, you can request restoration of your right to work. ImmiFrance often helps clients file an expedited autorisation de travail once the OQTF is lifted.
  2. Family members of French or EU citizens

    • You benefit from enhanced protection. Expulsion is illegal if it “constitutes a disproportionate interference with family life.” Courts are favorable when children are enrolled in French schools.
  3. Students

    • Prove the réalité et le sérieux of your studies (regular attendance, passing grades). Showing clear career plans in France can sway the judge.
  4. Victims of domestic violence or trafficking

    • Article L424-3 CESEDA allows a residence permit even if you entered illegally. Attach police reports or NGO attestations.

8. Life after a successful appeal

If the court cancels your OQTF, celebrate—but act quickly:

  • File for the correct residence permit within one month at the prefecture that delivered the OQTF. Bring the judgment and a full application dossier.
  • Ask the prefecture to update the Fichier des Personnes Recherchées so you are no longer flagged at border controls.
  • If you spent time in detention, request compensation for unlawful deprivation of liberty. ImmiFrance’s lawyers regularly obtain damages between 1,000 € and 4,000 € depending on the length of detention.

9. If the appeal fails: remaining options

  • Re-entry ban waiver: After six months outside France, you can request lifting of an IRTF by showing substantial change in circumstances.
  • New residence application: Allowed if your personal situation has evolved (marriage, child born in France, serious health issue). Wait at least six months unless urgent humanitarian grounds exist.
  • European relocation: Some clients explore legal work permits in Portugal or Spain, then re-enter France under EU mobility rules after obtaining long-term resident status.

10. How ImmiFrance can help

  1. Lightning-fast case review

    • Upload your OQTF on our secure portal and receive a feasibility analysis in under two hours.
  2. Network of specialized litigators

    • We work exclusively with lawyers who appear daily before French administrative courts and have a 72 percent success rate on OQTF appeals in 2024-2025.
  3. Document checklist and templates

    • Subscribers get ready-to-use appeal drafts, plus bilingual cover letters that comply with court formatting rules.
  4. Real-time case tracking

    • Follow every procedural step and receive SMS alerts for hearing dates, judgment notifications, and prefecture appointments.
  5. Post-annulment road map

Illustration showing a diverse group of migrants sitting with an immigration lawyer at a desk, while a large screen behind them displays the ImmiFrance dashboard with green check marks indicating successful appeal steps.


Frequently Asked Questions

Can I leave France and return during the appeal?
Highly discouraged. If you exit the Schengen area, you may be prevented from re-entry even if the court later cancels the OQTF.

Does filing an asylum claim after an OQTF stop removal?
Yes, but only once. A new asylum application (demande de réexamen) can suspend removal until OFPRA decides on admissibility.

How long does the court take to decide?
Average 6 weeks for standard 30-day OQTFs, 72 hours for 48-hour appeals.

Is it risky to stay at the same address listed on the OQTF?
No legal obligation to move, but police can find you more easily. If the address is shared with French children or a French spouse, moving may harm family-life arguments.


Take action now

Every hour counts after an OQTF. Gather your documents, contact a qualified lawyer, and file your appeal before the deadline expires. ImmiFrance’s team is available 24-7 to review your case and connect you with experts who fight removal orders every day.

Ready to start? Book a free 15-minute assessment here: https://immifrance.com/oqtf-assessment

Your future in France is worth defending—do not let the clock run out.

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