Obligation to Leave French Territory (OQTF)

The Obligation to Leave French Territory (OQTF) is an administrative measure taken by the French authorities against a foreign national who is in an irregular situation in France. This decision requires the individual to leave France within a specified period, usually under the threat of sanctions if not complied with.

What is an OQTF?

An OQTF is a decision made by the prefect or the Minister of the Interior when a foreign national is in an irregular situation in France. It can be issued in several situations, including when the foreign national:

• Has had their asylum application rejected.
• Did not apply for the renewal of their residence permit within the required timeframe.
• Has been denied the issuance or renewal of a residence permit.
• Has had a request for regularization denied.

An OQTF may be accompanied by a deadline to voluntarily leave the country (usually 30 days) or, in some cases, require immediate departure.

Conditions for Issuing an OQTF

An OQTF may be issued under the following circumstances:

• Lack of a residence permit: When a foreign national is in France without a valid residence permit or is in an irregular situation.
• Asylum refusal: If the foreign national’s asylum application has been rejected and they no longer have the right to remain in France.
• Non-renewal of residence permit: If the foreign national fails to apply for the renewal of their residence permit before it expires.
• Rejection of a regularization request: When an application for the regularization of the administrative situation has been refused.

Types of OQTF

There are two main types of OQTF:

• OQTF with a voluntary departure deadline: The foreign national has 30 days to leave the country on their own. This type of OQTF is the most common.
• OQTF without a departure deadline: The foreign national must leave France immediately, usually in cases of flight risk, threat to public order, or if the individual has not complied with a previous OQTF.

Rights and Appeals Against an OQTF

When an OQTF is issued, the foreign national has certain rights and possibilities for appeal:

• Contentious appeal: The foreign national can contest the OQTF before the administrative court within a period of 15 to 30 days, depending on the case. The appeal has a suspensive effect if the OQTF is accompanied by a voluntary departure deadline.
• Annulment appeal: This appeal aims to obtain the annulment of the decision for reasons of form or substance (manifest error of assessment, violation of rights, etc.).
• Legal assistance: The foreign national can seek legal assistance from a lawyer to contest the OQTF or request its annulment.

Consequences of an OQTF

Failure to comply with an OQTF can lead to several consequences:

• Re-entry ban: A ban on returning to French territory (IRTF) can be issued for a maximum duration of 3 years.
• Detention: If the foreign national does not voluntarily leave the country, they can be placed in administrative detention to organize their deportation.
• Forced deportation: The foreign national may be forcibly deported to their country of origin or another country in agreement with the French authorities.
• Criminal penalties: In cases of repeated non-compliance, the foreign national may face criminal penalties, including imprisonment.

Procedure for Implementing an OQTF

The implementation of an OQTF generally follows a well-defined procedure:

• Notification of the OQTF: The OQTF is notified to the foreign national in writing, specifying the reasons for the decision and the deadlines for appeal.
• Departure deadline: If the OQTF includes a deadline, the foreign national has 30 days to leave France on their own.
• Administrative monitoring: During this period, the foreign national must regularly report to the authorities to prove that they are organizing their departure.
• Deportation: In case of non-compliance, the authorities may enforce the forced deportation of the foreign national.

Examples of Situations Leading to an OQTF

Here are some typical examples of situations that may result in an OQTF being issued:

• Refusal of residence permit: A foreign national is denied the issuance or renewal of a residence permit and is therefore in an irregular situation.
• Asylum application rejection: After a final rejection of their asylum application, an asylum seeker receives an OQTF.
• Illegal residence: A person remains in France after the expiration of their visa or residence permit without applying for renewal.

How to Avoid an OQTF?

To avoid a situation where an OQTF could be issued, it is advisable to:

• Respect application deadlines: Submit your application or renewal for a residence permit within the prescribed deadlines.
• Follow asylum procedures: If you are an asylum seeker, carefully follow the procedures and respect the deadlines.
• Maintain regular status: Ensure that you always have a valid residence permit.
• Consult a lawyer: In case of difficulty, consult a lawyer specializing in immigration law to evaluate your options.