Challenging a residence permit refusal: appeals and procedure

Receiving a residence permit refusal decision is always difficult. Fortunately, French law offers you several means of appeal to challenge this decision and defend your right to stay.

This clear and comprehensive guide explains the possible appeals, the deadlines to respect, and the step-by-step procedure.

⚖️ Why can a residence permit be refused?

A residence permit refusal can be motivated by different reasons, including:

Administrative or financial conditions not met
Incomplete file or errors in supporting documents
Suspicion of fraud or false declarations
Threat to public order
Loss of initial conditions (divorce, end of studies, job loss)
Irregular stay or prolonged absences from France

👉 The refusal decision must always be reasoned in writing: it must explain the precise reasons for the rejection.

📜 Different types of possible appeals

1. Gracious appeal (optional)

The gracious appeal consists of asking the prefect who made the decision to re-examine your file.

Advantages:

Free and simple procedure
Possibility to add new elements
Does not require a lawyer

Limitations:

Not suspensive: the refusal remains applicable during the examination of the appeal
No mandatory response deadline
Low acceptance rate

Practical advice: Send a motivated letter to the prefect within 2 months following the refusal, clearly explaining why the decision should be reviewed and attaching new documents.

2. Contentious appeal (main appeal)

The contentious appeal is the main avenue for challenging a refusal. It consists of seizing the administrative court to request cancellation of the prefectural decision.

Advantages:

Potentially suspensive appeal (depending on the situation)
Objective examination by a judge
Possibility to cancel the refusal

Disadvantages:

Longer procedure (6 to 18 months)
Assistance from a specialized lawyer is strongly recommended

⏱️ Deadline: 2 months from notification of refusal.

3. Suspension application (emergency procedure)

The suspension application allows you to urgently ask the judge to suspend the execution of the refusal, especially when it is accompanied by an OQTF (obligation to leave the territory).

Conditions:

Situation of real urgency (imminent expulsion, loss of rights)
Existence of a serious doubt about the legality of the refusal

Deadlines:

48 hours if OQTF without delay
Up to 2 months if OQTF with delay

If the judge grants the suspension, the prefectural decision is frozen until the judgment on the merits.

🏛️ Steps of the contentious appeal

1. Respect deadlines

You have 2 months after receiving the decision to seize the court. Beyond that, the appeal is inadmissible.

2. Gather necessary documents

Prepare:

A copy of the residence permit refusal
Your personal and professional situation supporting documents
Your identity documents
Possibly, new elements that occurred since the refusal

3. Write the appeal

The petition must present:

The facts (your background and situation)
The legal arguments supporting your challenge
The requests formulated to the judge (cancellation, injunction to re-examine, etc.)

👉 It is strongly advised to consult a lawyer specialized in immigration law to formulate solid arguments.

4. Filing the appeal

Two options:

Online via Télérecours Citoyens
By registered mail with acknowledgment of receipt to the competent administrative court

5. Case instruction

The court examines the file, exchanges with the prefecture, and sets a hearing date. Average duration: 6 to 18 months depending on jurisdictions.

During this time:

If your appeal is suspensive, you cannot be expelled
You can request an appeal receipt from the prefecture

6. Judgment

The court can:

Cancel the refusal, allowing you to file a new application
Reject the appeal, confirming the prefectural decision

In case of rejection, you can appeal before the Administrative Court of Appeal (deadline: 2 months).

⏳ Deadlines to know

| Type of appeal | Maximum deadline | |-----------------|---------------| | Gracious appeal | 2 months (recommended) | | Contentious appeal | 2 months after notification | | Suspension application | 48 h (OQTF without delay) or 2 months (OQTF with delay) | | Appeal | 2 months after judgment |

💶 Cost and legal aid

Gracious appeal: free
Contentious appeal: no filing fees, but lawyer fees (often between €1,000 and €3,000)
Legal aid: possible if your income is modest (partial or total coverage of lawyer fees)

🔑 Advice to optimize your chances

Act quickly: respect legal deadlines.
Provide new elements in your appeals.
Use a competent lawyer, especially in case of OQTF.
Request legal aid from the beginning of the procedure.
Anticipate: prepare a new application or improve your situation in parallel (employment, family, studies).

🚨 In case of OQTF (Obligation to leave the territory)

If your refusal comes with an OQTF:

File an appeal against the refusal (within 2 months)
Form a specific appeal against the OQTF (48 hours to 30 days depending on the case)
Seize the judge with a suspension application urgently if necessary

These steps must be done very quickly, with the help of a lawyer.

🤝 VisaPref support

Challenging a residence permit refusal requires rigor and reactivity. At VisaPref, we support you at every step:

Analysis of refusal reasons
Identification of legal errors
Drafting of a solid gracious or contentious appeal
Connection with specialized partner lawyers
Management of emergency procedures (suspension application)

👉 Contact us now for a quick evaluation of your file.

❓ FAQ – Challenging a residence permit refusal

1. Can I stay in France during my appeal? Yes, if your contentious appeal is suspensive. In case of OQTF, a suspension application is necessary to avoid expulsion.

2. How long does the procedure take? Between 6 and 18 months depending on the administrative court's workload.

3. What to do if I missed the 2-month deadline? You can no longer challenge the refusal. You will have to either leave the territory or file a new application if your situation has evolved.

4. Can I work during the appeal? It depends on the type of receipt issued. Some authorize work, others do not.

5. What if my appeal is rejected? You can appeal or file a new application in case of situation change (marriage, employment, illness, etc.).