Prohibition of return to French territory (IRTF)
Verified 12 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The prohibition on return to French territory (IRTF) is a decision taken by the prefect in connection with the obligation to leave France (OQTF). Remedies are available. It may be annulled by the judge or revoked by the administration. A foreigner that does not comply with this prohibition risks criminal sanctions.
The obligation to leave French territory within 30 days means that you must organize your departure before the deadline set, in order for the removal order to be executed.
In the case of an obligation to leave French territory without delay, you must leave France by your own means within 48 hours.
This procedure does not concern a European foreigners national or his family members who live with him in France.
There are 2 scenarios: OQTF with voluntary departure period and OQTF without voluntary departure period.
With
The IRTF can be pronounced after an OQTF (with a voluntary departure period of 30 days), if you have remained in France.
It must be argued (at the prefecture's ticket office or by the police during an arrest for example).
FYI
humanitarian circumstances may, however, justify the prefect not issuing an FTIR.
The IRTF lasts for a maximum of 2 years from the implementation of the OQTF
If you remain on French territory despite the OQTF, it may be extended by up to 2 years if you remain on French territory despite the OQTF.
FYI
If you stayed in France despite the OQTF, you are subject to an IRTF of 2 years.
It can be extended for up to 2 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 informed of your registration in this file when the IRTF is notified. 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
- Expiry of the prohibition period
- Annulment by the judge
- Repeal of the measure by the Prefect
You can challenge the IRTF at the same time as the OQTF which has been notified to you, before the administrative court with territorial jurisdiction.
The time to appeal may vary depending on your situation, usually between 15 and 30 days.
The procedure is:
- Normal with a tribunal sitting in a collective formation of 3 judges and the conclusions of the public rapporteur
- Or fast-tracked with a single judge and no findings from a public rapporteur
Situation | Time-limit for appeal | Procedure |
|---|---|---|
Refusal to issue, renew or withdraw a residence permit | 30 days | Normal |
Presence in France for less than 3 months and you represent a threat to public order | 30 days | Normal |
Presence in France for more than 3 months and work without authorization | 30 days | Normal |
Illegal stay in France without having applied for a residence permit | 15 days | Accelerated |
No application for renewal of residence permit | 15 days | Accelerated |
Rejection of your asylum application or loss of the right to remain in France during the investigation | 15 days | Accelerated |
The appeal shall suspend the execution of the measure.
You may be assisted by a lawyer. If you don't have one, you can ask the judge to issue you one ex officio.
You may, under certain conditions, benefit from legal aid.
If your appeal is rejected, you can appeal to the territorially competent administrative court of appeal (indicated in the notification of the judgment). You have a period of 1 month from the notification of the judgment.
Who shall I contact
Automatic Repeal
The IRTF is revoked :
- if you have left France within the prescribed period,
- and that you prove your exit within 2 months of the end of this period.
You can prove your exit by any means.
Example :
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 repeal on the basis of specific circumstances related to your situation and your 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.
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
The IRTF is issued automatically at the same time as an OQTF without a voluntary departure period.
It must be substantiated (at the prefecture counter or by the police during an arrest for example) and be motivated.
FYI
humanitarian circumstances may, however, justify the prefect not issuing an FTIR.
The IRTF is automatic and lasts up to 3 years from the time the OQTF is run.
FYI
if you have stayed in France despite the OQTF, the IRTF can be extended for up to 2 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 informed of your registration in this file when the IRTF is notified. 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
- Expiry of the prohibition period
- Annulment by the judge
- Repeal of the measure by the Prefect
You can challenge the IRTF at the same time as the OQTF which has been notified to you, before the administrative court with territorial jurisdiction.
The appeal period is 48 hours.
The procedure is:
- Normal with a tribunal sitting in a collective formation of 3 judges and the conclusions of the public rapporteur
- Or fast-tracked with a single judge and no findings from a public rapporteur
The appeal shall suspend the execution of the measure.
You may be assisted by a lawyer. If you don't have one, you can ask the judge to issue you one ex officio.
You may, under certain conditions, benefit from legal aid.
If your appeal is rejected, you can appeal to the territorially competent administrative court of appeal (indicated in the notification of the judgment). You have a period of 1 month from the notification of the judgment.
Who shall I contact
Request for repeal
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.
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
Notification of the IRTF and deletion of the alert in the SIS: Article R613-7
Appeals procedure