Have you just received an Obligation to Leave French Territory (OQTF) and need to know how much time you have to act? That is the right question to ask first: the deadline for challenging an OQTF is strict. An appeal filed even one day late may be inadmissible, however strong the underlying case. This guide answers the questions commonly asked by those affected and their families, in light of the reform introduced by the Immigration Act of 26 January 2024.
Why is the deadline so important?
An OQTF appeal deadline cannot simply be extended on request. Subject to specific procedural rules, including any applicable legal-aid provision or exceptional circumstance recognised by the court, a late appeal is rejected without the court considering the merits. The first task after notification is therefore to identify the applicable procedure, the resulting deadline and its exact expiry date.
When does the appeal period begin?
Time starts running from notification of the OQTF, rather than necessarily from the day you actually read it. The starting point depends on how it is notified:
- Service in person, for example at the prefecture or following a police check: the notification record establishes the relevant date and, where necessary, the time. Refusing to sign does not necessarily prevent valid notification.
- Recorded-delivery letter: where the letter is collected within the postal retention period, the collection date is normally relevant. If it is not collected, the date of the first attempted delivery may count instead.
Keep the envelope, delivery receipt and any attempted-delivery notice. They are important evidence for calculating when the deadline began.
Since the reform of 26 January 2024, the ordinary deadline depends on accompanying supervision measures
The 2024 reform reorganised the ordinary appeal procedures around a key question: are you subject to house arrest or administrative detention when the decision is notified, or neither?
One month — no supervision measure: the ordinary case
This is the most common situation: refusal to renew a residence permit, refusal of a first application, completion of studies without a change of status, and similar cases where the person is neither under house arrest nor in detention at notification. The ordinary period for applying to the administrative court is one month.
Key points:
- A timely appeal under this procedure is suspensive: forced removal cannot take place while the administrative court examines it.
- A separate administrative request to the prefect or the Minister of the Interior does not extend the one-month court deadline. Do not rely on such a request to preserve the right to bring proceedings.
- The case follows the ordinary court procedure, generally before a panel of judges, with a longer timetable than the accelerated procedures below.
Seven days — house arrest
If you are under house arrest when the OQTF is notified, the ordinary appeal period is reduced to seven days. The administrative court then follows an accelerated procedure before a single judge. As in the ordinary case, lodging a timely appeal suspends enforcement of the OQTF until the court has ruled.
Forty-eight hours — administrative detention
This is the most urgent situation. If you are in an administrative detention centre (CRA) when the decision is notified, you ordinarily have only forty-eight hours to apply to the competent administrative court, generally the court responsible for the place of detention, subject to specific jurisdictional rules. The case is heard as a priority by a single judge.
Important points:
- The forty-eight-hour period runs from notification, including weekends and public holidays. Unlike a period expressed in months, it is in principle not carried over to the next working day.
- Contact the legal-assistance organisation operating in the detention centre, or a lawyer, immediately. There is very little time to gather evidence and prepare an effective challenge.
- Here too, a timely appeal suspends enforcement of the OQTF while the administrative court considers it.
Summary of the ordinary OQTF appeal deadlines following the 2024 reform
| Situation when notified | Appeal deadline | Competent court | Hearing procedure |
|---|---|---|---|
| No house arrest or administrative detention | 1 month | Administrative court territorially competent for the decision | Ordinary procedure, generally a panel of judges |
| House arrest | 7 days | Administrative court responsible for the place of house arrest | Single judge, accelerated procedure |
| Administrative detention | 48 hours | Administrative court responsible for the detention centre, subject to specific exceptions | Single judge, priority procedure |
Important: the rules governing removal appeals can change. Regulatory measures adopted in 2026 to bring French law into line with the European Pact on Migration and Asylum affect certain procedures, including some appeal deadlines. Always check the rules applying to your particular decision and its notification date rather than relying on a general table alone. A subsequent house-arrest or detention decision may also affect the procedural timetable.
What should you do as soon as you receive an OQTF?
- Record the notification date and time and identify whether you are under house arrest, in detention or subject to neither measure. This is central to identifying the applicable procedure.
- Read the complete decision carefully. Identify its legal basis and any accompanying ban on returning to France (IRTF).
- Contact a lawyer immediately. In the ordinary one-month procedure, a timely legal-aid application may interrupt the court deadline under the applicable rules. The starting point for a fresh period must be checked against the legal-aid decision and any relevant appointment of a lawyer. Do not assume the same protection applies to the accelerated seven-day or forty-eight-hour procedures: the court application must be lodged in time.
- Gather your evidence: passport, proof of residence, family ties, payslips, medical certificates, children's school records and any other relevant documents.
- Lodge the application through Télérecours citoyens or through your lawyer before the deadline expires.
FAQ — OQTF appeal deadlines at a glance
How long do I have to challenge an OQTF? Under the ordinary procedures, the period is one month where there is no house arrest or detention, seven days where the person is under house arrest and forty-eight hours in administrative detention. The precise rules must be checked against the decision, notification date and any special procedure involved.
Can the appeal deadline be extended? These are strict deadlines and cannot simply be extended on request. There are specific rules that may affect their calculation. In particular, a timely legal-aid application in the ordinary one-month procedure may interrupt the period. The fresh deadline must then be calculated according to the rules governing the legal-aid decision and appointment of a lawyer. This is not a reason to delay obtaining advice, and the same interruption should not be assumed for the accelerated seven-day and forty-eight-hour procedures.
When does time start running? From valid notification of the OQTF. That may differ from the date you actually read it, particularly if a recorded-delivery letter is not collected within the postal retention period.
Does a weekend or public holiday change the deadline? For a period expressed in months, the deadline may move to the next working day if its final day is a non-working day under the relevant rules. The forty-eight-hour detention deadline is counted hour by hour and is not ordinarily postponed for weekends or public holidays.
Does an appeal automatically suspend enforcement of the OQTF? In the three ordinary procedures described above, a court application lodged within the applicable deadline suspends removal while the administrative court examines it. This protection must be distinguished from an administrative request to the prefect or Minister, which does not have the same effect.
Does applying for legal aid affect the appeal deadline? It depends on the procedure. A timely legal-aid application may interrupt the period in an ordinary one-month case. The precise date on which a new period starts must be checked under the applicable legal-aid rules. In accelerated seven-day and forty-eight-hour cases, do not wait for a legal-aid decision before lodging the court appeal: those deadlines must be protected immediately.
What happens if the deadline is missed? An ordinary appeal may be inadmissible even where the arguments on the merits are strong. The OQTF can then become final and enforceable through that route. Other possibilities, such as reconsideration based on new circumstances or challenging a later decision, may remain, but they are more limited and do not simply restore the missed appeal.
Have you received an OQTF and are unsure which deadline applies? Every case has its own circumstances, and a mistake in calculating the deadline can have lasting consequences. Contact Indiara Fazolo's firm for a prompt assessment of your notification and the available appeal routes.
Reference: Service Public — Obligation de quitter le territoire français (OQTF). The current notification and any applicable special procedural rules must always be checked.
