Surrender of a foreigner to another European country

Verified 25 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The surrender of a foreigner national is a possible removal procedure in the event of of arrest in an irregular situation or in case of refusal of residence. It entails removal to the border of a Member State of the European Union or of the Schengen area. The foreigner national shall be handed over directly to the authorities of that country. We present the rules for each situation.

The procedure applies to member countries of the European Union or to Schengen Member States.

Warning  

This procedure does not concern a foreigner who is a national of European countrynor the members of his family living in France with him.

Conditions

You are concerned if you are arrested in an irregular situation and if you are in any of the following situations:

  • You have been admitted to enter or reside in the territory of a State of the European Union or of a Schengen country
  • You come directly from an EU or Schengen country.

To this end, France has concluded readmission agreements with different states.

Procedure

The prefect informs you by a written decision. It shall specify the reasons for your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender decision can be made by force with escort by law enforcement.

Country of return

You are returned to the European country which issued you a residence permit.

Otherwise, you are sent back to the last European country you passed through before arriving in France.

Warning  

In some cases, the prefect may also impose a travel ban on French territory for a maximum period of 3 years.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

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

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General case

If you are not subject to an enforcement actionhouse arrest or administrative detention, the time limit for bringing an action is 2 months from notification of the decision.

House arrest

You must file your appeal within 7 days that follow the notification of the remission decision.

The appeal shall be tried in a special accelerated procedure by a single judge within a period of 15 days from the lodging of the appeal.

Administrative Retention

You must file your appeal within 48 hours that follow the notification of the remission decision.

The appeal shall be decided in the priority procedure by a single judge, in a period of 96 hours from the end of the period for bringing an action.

Conditions

You may be returned and surrendered to another State if you have entered or are staying in France in violation of the Schengen Convention (no visa, visa no longer valid, stay of more than 3 months in case of visa waiver, etc.).

Procedure

The prefect informs you by a written decision. It shall specify the reasons for your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender decision can be made by force with escort by law enforcement.

Country of return

You are returned to the European country which issued you a residence permit.

Otherwise, you are sent back to the last European country you passed through before arriving in France.

Warning  

In some cases, the prefect may also impose a travel ban on French territory for a maximum period of 3 years.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

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

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General case

If you are not subject to an enforcement actionhouse arrest or administrative detention, the time limit for bringing an action is 2 months from notification of the decision.

House arrest

You must file your appeal within 7 days that follow the notification of the remission decision.

The appeal shall be tried in a special accelerated procedure by a single judge within a period of 15 days from the lodging of the appeal.

Administrative Retention

You must file your appeal within 48 hours that follow the notification of the remission decision.

The appeal shall be decided in the priority procedure by a single judge, in a period of 96 hours from the end of the period for bringing an action.

Conditions

You may be subject to a removal order, even if you have a EU long-term resident valid granted by another Member State.

You can be subject to a rebate decision in the following 3 situations:

  • Stay in the French territory more than 3 consecutive months without requesting a French residence card
  • Refusal to issue or renew a French residence permit
  • Withdrawal of the residence card.

Procedure

The prefect informs you by a written decision. It shall specify the reasons for your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender decision can be made by force with escort by law enforcement.

Country of return

You are returned to the European country which issued you the title of EU long-term resident.

Warning  

In some cases, the prefect may also impose a travel ban on French territory for a maximum period of 3 years.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

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

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General case

If you are not subject to an enforcement actionhouse arrest or administrative detention, the time limit for bringing an action is 2 months from notification of the decision.

House arrest

You must file your appeal within 7 days that follow the notification of the remission decision.

The appeal shall be tried in a special accelerated procedure by a single judge within a period of 15 days from the lodging of the appeal.

Administrative Retention

You must file your appeal within 48 hours that follow the notification of the remission decision.

The appeal shall be decided in the priority procedure by a single judge, in a period of 96 hours from the end of the period for bringing an action.

Conditions

You may be surrendered to the State that issued you an eu blue card valid. Your family members may also be affected.

Discount is possible in the following situations:

  • Refusal of the EU Blue Card on French territory
  • Expiration of your card during the processing of your request
  • Withdrawal of your card during the processing of your request.

Warning  

This procedure does not concern a foreigner who is a national of European countrynor the members of his family living in France with him.

Procedure

The prefect informs you by a written decision. It shall specify the reasons for your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender decision can be made by force with escort by law enforcement.

Country of return

You are returned to the European country that issued you the European Blue Card.

Warning  

In some cases, the prefect may also impose a travel ban on French territory for a maximum period of 3 years.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

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

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General case

If you are not subject to an enforcement actionhouse arrest or administrative detention, the time limit for bringing an action is 2 months from notification of the decision.

House arrest

You must file your appeal within 7 days that follow the notification of the remission decision.

The appeal shall be tried in a special accelerated procedure by a single judge within a period of 15 days from the lodging of the appeal.

Administrative Retention

You must file your appeal within 48 hours that follow the notification of the remission decision.

The appeal shall be decided in the priority procedure by a single judge, in a period of 96 hours from the end of the period for bringing an action.

Conditions

You may be handed over to the State which issued your residence permit student on the move in the following situations:

  • End of validity of your residence permit during the mobility period
  • Withdrawal of your residence permit by the issuing Member State during the period of mobility
  • Conditions of mobility which are not or no longer fulfilled
  • Absence of notification of your intention to carry out a mobility within the French territory
  • Refusal of your request for mobility.

Your family members are also affected.

Procedure

The prefect informs you by a written decision. It shall specify the reasons for your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender decision can be made by force with escort by law enforcement.

Country of return

You are returned to the European country which issued you the residence permit student on the move.

Warning  

In some cases, the prefect may also impose a travel ban on French territory for a maximum period of 3 years.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

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

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Vous avez choisi

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General case

If you are not subject to an enforcement actionhouse arrest or administrative detention, the time limit for bringing an action is 2 months from notification of the decision.

House arrest

You must file your appeal within 7 days that follow the notification of the remission decision.

The appeal shall be tried in a special accelerated procedure by a single judge within a period of 15 days from the lodging of the appeal.

Administrative Retention

You must file your appeal within 48 hours that follow the notification of the remission decision.

The appeal shall be decided in the priority procedure by a single judge, in a period of 96 hours from the end of the period for bringing an action.

Conditions

You may be handed over to the State which issued your residence permit mobility researcher in the following situations:

  • End of validity of your residence permit during the mobility period
  • Withdrawal of your residence permit by the issuing Member State during the period of mobility
  • Conditions of mobility which are not or no longer fulfilled
  • Absence of notification of your intention to carry out a mobility within the French territory
  • Refusal of your request for mobility.

Your family members are also affected.

Procedure

The prefect informs you by a written decision. It shall specify the reasons for your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender decision can be made by force with escort by law enforcement.

Country of return

You are returned to the European country which issued you the residence permit mobility researcher.

Warning  

In some cases, the prefect may also impose a travel ban on French territory for a maximum period of 3 years.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

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

Répondez aux questions successives et les réponses s’afficheront automatiquement

Vous avez choisi

Choisissez votre cas

General case

If you are not subject to an enforcement actionhouse arrest or administrative detention, the time limit for bringing an action is 2 months from notification of the decision.

House arrest

You must file your appeal within 7 days that follow the notification of the remission decision.

The appeal shall be tried in a special accelerated procedure by a single judge within a period of 15 days from the lodging of the appeal.

Administrative Retention

You must file your appeal within 48 hours that follow the notification of the remission decision.

The appeal shall be decided in the priority procedure by a single judge, in a period of 96 hours from the end of the period for bringing an action.

Conditions

If you have a intra-group temporary transfer, you may be subject to a remission order. Your family members are also affected.

Discount is possible in the following situations:

  • Absence of notification of your intention to work in one of the establishments of your group of companies of origin established in France
  • End of validity of your residence permit during the mobility period
  • Withdrawal of your residence permit by the issuing Member State during the period of mobility
  • Refusal of your mobility request
  • Conditions for mobility or for issuing residence permits which are not or no longer fulfilled
  • Conditions under which mobility has been authorized which are no longer fulfilled
  • Absence of notification of your intention to carry out a mobility on French territory.

Your family members are also affected.

Procedure

The prefect informs you by a written decision. It shall specify the reasons for your surrender to the authorities of the European country concerned.

You have to be able to comment. You should also be able to notify (or have notified) your consulate, lawyer or anyone of your choice.

The surrender decision can be made by force with escort by law enforcement.

Country of return

You are returned to the European country which issued you the residence permit ICT seconded employee.

Warning  

In some cases, the prefect may also impose a travel ban on French territory for a maximum period of 3 years.

Appeals

You can challenge the ruling. Then you have to make a action for annulment before the administrative court.

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

Répondez aux questions successives et les réponses s’afficheront automatiquement

Vous avez choisi

Choisissez votre cas

General case

If you are not subject to an enforcement actionhouse arrest or administrative detention, the time limit for bringing an action is 2 months from notification of the decision.

House arrest

You must file your appeal within 7 days that follow the notification of the remission decision.

The appeal shall be tried in a special accelerated procedure by a single judge within a period of 15 days from the lodging of the appeal.

Administrative Retention

You must file your appeal within 48 hours that follow the notification of the remission decision.

The appeal shall be decided in the priority procedure by a single judge, in a period of 96 hours from the end of the period for bringing an action.

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