Prohibition of return to French territory (IRTF)
Verified 15 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)
If you are subject to an obligation to leave the territory (OQTF), the prefect may also prohibit you from returning to French territory. This is a prohibition of return to French territory (IRTF). Failure to comply with this prohibition could result in criminal penalties. We are taking stock of the regulations.
Please note
You are not concerned if you are a European foreigner national. Your family members who live in France with you are not affected either.
The FTIR is pronounced after a OQTF if you have remained in France beyond the 30-day period allowed for voluntary departure.
It is automatically pronounced when no time is granted to you to leave French territory.
The prefect may also decide to pronounce it if he has taken an OQTF against you with a period of voluntary departure.
Time allowed
If an OQTF has been issued and you have not left France within the 30-day period, the prefect will issue an IRTF.
This decision needs to be argued.
Humanitarian circumstances may, however, justify the prefect not issuing an FTIR.
The prefect may also issue an FTIR at the same time as an OQTF with a voluntary departure period.
The IRTF lasts up to 5 years from the time you actually left the territory.
If you have maintained or returned to France despite the OQTF, it can be extended for a maximum of 2 years, without the total duration exceeding 5 years.
The IRTF prohibits you from returning not only to France, but also to any country in the EUSchengen area.
An FTIR issued in France gives rise to an alert for the purposes of refusing entry in the Schengen Information System (SIS).
You must be notified of your registration in this file at notification IRTF. This registration will prevent you from obtaining a visa to enter and stay in the Schengen area.
The alert shall be deleted in the following cases:
- End of the prohibition period
- Annulment by the judge
- Repeal of the measure by the prefect.
Subject-matter of the action
You can challenge the IRTF at the same time as the OQTF is made in the main decision.
In addition, you can challenge any of the following ancillary measures:
- Refusal of residence permit (because you feel you can be regularized)
- 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.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
If you are not subject to a house arrest or detention order, the period for to lodge an appeal is 1 month.
One ex gratia appeal to the prefect or a hierarchical appeal to the minister of the interior shall not extend that period.
The administrative tribunal has a six-month period to rule on your appeal.
In case of house arrest
You must file your appeal within 7 days that follow the notification IRTF.
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.
In case of administrative detention
You must file your appeal within 48 hours that follow the notification IRTF.
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.
Court having jurisdiction
The appeal must be lodged with the administrative court with territorial jurisdiction for the prefecture which took the 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.
Who shall I contact
FYI
You can benefit from legal aid to pay your lawyer's fees.
Repeal of the IRTF can be automatic, on your request or decided by the prefect.
Automatic Repeal
The IRTF taken by the prefect in addition to an OQTF with a voluntary departure period is revoked :
- If you left France within the time limit
- And if you prove your exit within 2 months of the end of this period.
You can prove your exit by any means:
- You can show a stamp affixed to your passport by the border police
- You can also go to the French embassy or consulate in the country of return.
Please note
The prefect may refuse this abrogation based on specific circumstances related to your situation and behavior.
Request for repeal
You can ask repeal the measure provided you are resident abroad (unless you are incarcerated or under house arrest). The written request must be addressed to the prefect who took the action.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
In Paris
Who shall I contact
Repeal by the Prefect
The prefect may at any time repeal the IRTF.
If you return to France during the period of the IRTF, you can be sentenced by the criminal judge to a prison sentence of up to 3 years.
You may also be subject to a prohibition of French territory (ITF).
Without delay
If an OQTF has been issued without delay, a ban on return to French territory is issued ex officio.
If you are subject to an OQTF without a voluntary departure period, you are automatically subject to an IRTF.
This decision needs to be argued.
FYI
Humanitarian circumstances may, however, justify the prefect not issuing an FTIR.
The IRTF is automatic and hard 5 years maximum once you have actually left the territory.
This period may be as long as 10 years in the event of a serious threat to public policy when the IRTF is issued at the same time as an OQTF without delay.
FYI
If you stayed in France despite the OQTF, the IRTF can be extended for a maximum of 2 years up to a maximum of 5 years.
The IRTF prohibits you from returning not only to France, but also to any country in the EUSchengen area.
An FTIR issued in France gives rise to an alert for the purposes of refusing entry in the Schengen Information System (SIS). You must be notified of your registration in this file at notification IRTF.
This registration will prevent you from obtaining a visa to enter and stay in the Schengen area.
The alert shall be deleted in the following cases:
- End of the prohibition period
- Annulment by the judge
- Repeal of the measure by the prefect.
Subject-matter of the action
You can challenge the IRTF at the same time as the OQTF is made in the main decision.
In addition, you can challenge any of the following ancillary measures:
- Refusal of residence permit (because you feel you can be regularized)
- 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.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
If you are not subject to a house arrest or detention order, the period for to lodge an appeal is 1 month.
One ex gratia appeal to the prefect or a hierarchical appeal to the minister of the interior shall not extend that period.
The administrative tribunal has a six-month period to rule on your appeal.
In case of house arrest
You must file your appeal within 7 days that follow the notification IRTF.
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.
In case of administrative detention
You must file your appeal within 48 hours that follow the notification IRTF.
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.
Court having jurisdiction
The appeal must be lodged with the administrative court with territorial jurisdiction for the prefecture which took the 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.
Who shall I contact
FYI
You can benefit from legal aid to pay your lawyer's fees.
You can ask repeal IRTF. The prefect may also decide to repeal it.
Request from the prefect
You can ask for theabrogation the measure provided you are resident outside France (unless you are incarcerated or assigned to residence). The written request must be addressed to the prefect who took the action.
General case
In Paris
Who shall I contact
Repeal by the Prefect
The prefect may at any time repeal the IRTF.
Where the duration exceeds 5 years, the IRTF shall be subject to a five-year review with a view to pronouncing theabrogation of the decision. Account will be taken of developments in threat to public order what constitutes your presence in France, changes in your personal and family situation and guarantees of professional or social reintegration.
If you return to France during the period of the IRTF, you can be sentenced by the criminal judge to a prison sentence of up to 3 years. You may also be subject to a prohibition of French territory (ITF).
Cases in which a foreigner may be prohibited from returning to France
Appeal against a prohibition on return to French territory
Failure to comply with removal orders or house arrest
Proceedings before the Administrative Judge (Legislative part of CESEDA)
Notification of the IRTF and deletion of the alert in the SIS: Article R613-7
Review every 5 years
Proceedings before an administrative judge (regulatory part of CESEDA)
Instruction of 6 February 2024 following the publication of Law 2024-42 of 26 January 2024 to control immigration and improve integration