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
2. Types of OQTF and corresponding deadlines
Not all OQTFs are the same. Identify yours immediately so you do not use the wrong deadline.
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OQTF with 30-day voluntary departure
- You have 30 days to leave France voluntarily.
- Appeal deadline: 30 calendar days from the date of notification.
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OQTF without delay (immediate removal)
- Delivered when authorities consider you a flight risk or a threat to public order.
- Appeal deadline: 15 days.
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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.
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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
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Check the notification date
- Keep the envelope or the proof of hand-delivery. The postmark or signature determines your deadline.
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Photocopy and scan every page
- Include annexes such as the IRTF or any removal order.
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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.
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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)
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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
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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.
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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.
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Students
- Prove the réalité et le sérieux of your studies (regular attendance, passing grades). Showing clear career plans in France can sway the judge.
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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
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Lightning-fast case review
- Upload your OQTF on our secure portal and receive a feasibility analysis in under two hours.
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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.
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Document checklist and templates
- Subscribers get ready-to-use appeal drafts, plus bilingual cover letters that comply with court formatting rules.
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Real-time case tracking
- Follow every procedural step and receive SMS alerts for hearing dates, judgment notifications, and prefecture appointments.
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Post-annulment road map
- From residence permit applications to naturalization coaching, our consultants remain at your side long after the OQTF is gone. Learn more on our Residence Permit Assistance page: https://immifrance.com/residence-permit-assistance
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.
