You are concerned by the OQTF within 30 days if you are in one of the situations following:

• You are irregular entry in France (or in the Schengen area) and you have no residence permit
• You are entered regularly in France, but you're there has remained beyond the period of validity of your visa (or, if you are visa-free, you stayed more than 3 months after entering France)
• Your receipt for application for a residence permit or your temporary residence permit has not renewed or you have been secluded
• Your residence permit has been secluded, rejected or has not renewed or you have plus the right to remain in France
• You have not requested renewal your residence permit and you stayed in France after the expiry date
• You represent a threat for public order and reside in France less than 3 months
• You work without work permit and reside in France less than 3 months.

The measure shall be taken after verification of the right of residence, taking into account in particular the length of time the foreigner has been present on French territory, the nature and age of its links with France and humanitarian considerations.

The administration cannot force you to leave France if you're a minor. But if your parents are subject to such a measure, you may be removed with them.

The execution time of an OQTF is 3 years. The foreigner must comply with the removal order.

Communication of the decision

The decision shall be taken by the prefect of your department (by the police commissioner, in Paris).

It's yours notified and must be argued on the merits, i.e., set out the basis of the decision in law and in fact.

Reasons are not, however, necessary in the event of refusal to issue, renew or withdraw your residence permit. The reasoning contained in the refusal or withdrawal decision (which is a different decision from the OQTF decision) is sufficient.

The decision also sets out the country to which you will be returned if you do not voluntarily leave France within the set deadline.

You can view the main elements of your case. Ask the prefecture for information on the procedures to access the file.

Deadline to leave France

You have 30 days from notification of the decision to leave on your own.

You can request a aid for voluntary return.

Exceptionally, the prefect may extend this period if your situation justifies it (length of your stay in France, schooling of your children, etc.). You must make the request to the prefect who made the decision.

Conversely, this delay can be deleted by the prefect if your situation changes (for example, if you risk absconding). In this case, a new OQTF without delay is delivered directly to you (to the prefecture or by a police officer in particular during a withholding for verification of your right of residence).

During the period, the prefect may require you to report to the prefecture or to the police or gendarmerie.

You must inform the administration of your departure plans. Your passport or other identity or travel document may be withdrawn in exchange for a receipt. This receipt serves as proof of identity and indicates the time allowed for your departure.

End of 30 days

At the end of the 30-day period, you must have left France by your own means.

If you are still in France after this period, you can be placed in detention centre or under house arrest. The prefect will notify one prohibition of return to France (IRTF).

The French administration will then organize your departure.

You are distant in one of the following destinations:

• Country of origin (unless your life or liberty is threatened or you are exposed to torture, inhuman or degrading treatment or punishment)
• Last country that issued you a travel document valid
• Other country in which you can be legally admitted.

Subject-matter of the action

You can challenge the OQTF itself.

In addition, you can challenge any of the following ancillary measures:

• Refusal of residence permit (because you feel you can be regularized)
• Prohibition of return to France (IRTF)
• Decision on the country of return (for example, if you feel you are at risk in that country).

Time-limit for filing the appeal and time-limit for investigation by the court

The timelines vary depending on who you are under house arrest or administrative detention or not.

Court having jurisdiction

The appeal must be lodged with the administrative court having territorial jurisdiction for the prefecture which took the expulsion decision.

If you are detained or placed under house arrest, the appeal must be filed with the administrative court on which the place of detention or house arrest depends. There are 2 exceptions:

• If you are placed in the Metz detention center, the appeal must be filed with the Administrative Court of Nancy.
• If you are placed in the Mesnil-Amelot detention center No. 3, the appeal must be filed with the tribunal administratif de Montreuil.

Assistance of a lawyer

The presence of a lawyer is not mandatory. You can, however, be assisted by a lawyer of your choice or ask the court to appoint one of your own motion.

Decision of the court

The administrative court may annul or confirm the decision taken by the prefect.

Challenge the court decision

You can appeal if your appeal is rejected. However, the call does not suspend OQTF execution. So you can be sent back to your country even if the appeal judge has not yet ruled.

The appeal period is 1 month from notification of the judgment of the court.

It must be filed before the administrative court of appeal on which the court that issued the decision depends (the court concerned is indicated in the notification of the judgment).