An Obligation to Leave French Territory (OQTF) is an administrative removal measure that can be issued against a foreign national who no longer has, or is considered not to have, a right to remain in France. The principal legal basis is Article L. 611-1 of the Code on the Entry and Residence of Foreign Nationals and the Right of Asylum (CESEDA).
Who can issue an OQTF?
An OQTF is issued by the prefect or another authority acting with the relevant delegated powers.
When can an OQTF be issued?
An OQTF may follow, among other situations:
- unlawful entry followed by continued stay without a valid residence document;
- remaining in France after expiry of a visa or other authorised period of stay;
- refusal, non-renewal or withdrawal of a residence permit or provisional residence document;
- a final refusal of international protection where the right to remain has ended;
- certain public-order situations involving a person without lawful residence;
- certain cases of unauthorised employment combined with unlawful residence.
The precise legal basis must always be identified in the prefectural decision because it determines which arguments can be raised in court.
How long can an OQTF remain enforceable?
Since the 2024 reform, an OQTF may remain enforceable for a longer period than under the previous regime. The age of the decision, whether it has been executed, whether circumstances have changed and whether a new residence decision has been made can all affect the person's position.
An old OQTF should therefore be reviewed rather than treated as automatically irrelevant or automatically decisive.
Which country can the administration remove someone to?
The destination is governed by separate rules. The administration may identify the country of nationality or another country to which the person can lawfully be admitted.
A person cannot lawfully be removed to a country where they would face treatment prohibited by Article 3 of the European Convention on Human Rights or other applicable non-refoulement rules. Evidence of a genuine risk must be raised expressly and supported with relevant material.
Voluntary-return assistance may also be available through the French Office for Immigration and Integration (OFII) in appropriate cases.
How much time is given to leave France?
Many OQTFs include a thirty-day period for voluntary departure. The prefect may refuse a voluntary-departure period where the statutory grounds are satisfied, for example in certain public-order, fraud or absconding-risk cases.
Where no voluntary-departure period is granted, the risk of house arrest or administrative detention is significantly higher. An IRTF may also be imposed under the applicable rules.
How can an OQTF be challenged?
The principal remedy is an application before the administrative court seeking annulment of the OQTF and, where appropriate, the associated residence refusal, destination-country decision and IRTF.
The court application should address both procedural and substantive unlawfulness, including:
- lack of competence or defective delegation;
- insufficient reasons;
- procedural defects;
- errors of law or fact;
- disproportionate interference with private and family life;
- health-related protection;
- the best interests of a child;
- non-refoulement issues relating to the destination country.
A timely court application under the applicable OQTF procedure suspends forced removal until the administrative court has ruled.
What are the appeal deadlines?
The ordinary framework currently distinguishes three main situations:
- One month in the ordinary case where the person is neither under house arrest nor in administrative detention.
- Seven days where the person is under house arrest.
- Forty-eight hours where the person is in administrative detention.
The notification itself must be checked carefully because the starting point of the deadline depends on valid service of the decision.
Can EU citizens receive an OQTF?
Yes, but under a specific and more protective regime based on EU free-movement law and Articles L. 251-1 and following of the CESEDA.
An EU citizen may face removal where they no longer satisfy the conditions for residence, where their personal conduct represents a genuine, present and sufficiently serious public-order threat, or in certain abuse-of-rights situations.
Instead of an IRTF, an EU citizen may in some cases be subject to a specific restriction on circulation in France.
Key points
- An OQTF is a removal decision, not merely a refusal of residence.
- The court deadline is strict and can be extremely short.
- The voluntary-departure period and the court-appeal deadline are different concepts.
- A timely administrative-court challenge suspends forced removal.
- Any IRTF and destination-country decision should be challenged at the same time where appropriate.
Fazolo Avocats assists clients with OQTF challenges, urgent removal litigation and related residence applications.
