OQTF: Obligation to Leave French Territory

OQTF: Obligation to Leave French Territory - Complete Guide

The OQTF (Obligation to Leave French Territory) is an administrative decision ordering a foreign national in irregular situation to leave France.

This guide explains the grounds for an OQTF, deadlines, possible appeals and consequences in case of non-compliance.

⚖️ What is an OQTF?

The OQTF is a removal measure taken by the prefect against a foreign national who:

Is in an irregular situation on French territory
No longer meets the conditions of their residence permit
Represents a threat to public order

The OQTF may include:

A voluntary departure period (DDV) of 30 days
Or an obligation to leave without delay in case of emergency or threat

📜 Grounds for an OQTF

1. Irregular situation

Illegal entry to France (without visa)
Stay without valid residence permit
Exceeding authorized duration (expired visa)

2. Refusal to issue or renew residence permit

If your residence permit application is refused, the OQTF may accompany the refusal decision.

3. Withdrawal of residence permit

Your permit may be withdrawn in case of:

Fraud or false declarations
Threat to public order
Cessation of conditions that justified issuance (divorce, job loss, etc.)

4. Threat to public order

Criminal convictions
Behavior disrupting public order
Radicalization

⏳ Types of OQTF and deadlines

OQTF with voluntary departure period (DDV)

You have 30 days to leave the territory.

During this period, you can:

Organize your departure
Request voluntary return assistance (OFII)
File an appeal against the OQTF

OQTF without delay

The obligation is immediate. You must leave France without delay.

Cases of OQTF without delay:

Serious threat to public order
Risk of absconding (no stable address, false documents)
Fraudulent behavior
Refusal to issue residence permit due to threat to public order

⚠️ An OQTF without delay may include house arrest or placement in an administrative detention center (CRA).

🏛️ What to do if you receive an OQTF?

1. Read the decision carefully

The OQTF must mention:

The grounds for the decision
The deadline to leave the territory (or absence of deadline)
The destination country
The appeal procedures

2. Check appeal procedures

You have strict deadlines to contest the OQTF.

3. Do not remain passive

If you do nothing:

You risk a return ban to French territory (ITF)
You may be placed in detention and forcibly removed

🚨 Appeals against an OQTF

1. Administrative appeal (optional preliminary step)

You can ask the prefect to reconsider your situation.

Deadline: no legal deadline, but must be done quickly.

This appeal does not suspend the OQTF.

2. Judicial appeal before the administrative court

You can file with the administrative court to request cancellation of the OQTF.

Deadline:

48 hours if OQTF without delay
30 days if OQTF with voluntary departure period (DDV)

Suspensive effect:

Appeal against an OQTF with DDV is suspensive (you cannot be removed during appeal processing)
Appeal against an OQTF without delay is not suspensive, unless the judge orders an emergency suspension (référé-suspension)

3. Référé-suspension (emergency procedure)

If you received an OQTF without delay, you can ask the emergency judge to suspend execution of the OQTF.

Deadline: 48 hours

Conditions:

Urgency
Serious doubt about the legality of the OQTF

4. Legal aid

You can request legal aid to cover lawyer fees.

⚠️ Consequences of an OQTF

1. Return ban to French territory (ITF)

The OQTF may include a return ban of 1 to 3 years (or more in case of serious threat).

During this period, you cannot return to France nor to the Schengen area.

2. Placement in administrative detention center (CRA)

If you represent a flight risk or threat, you may be placed in CRA until your removal (maximum duration: 90 days).

3. House arrest

The prefect may place you under house arrest with obligation to report regularly to the police station.

4. Forced execution of OQTF

If you do not voluntarily leave the territory, you may be forcibly returned to the border by law enforcement.

5. Registration

You will be registered in the Schengen Information System (SIS), making any future entry to Europe very difficult.

🔄 Regularization after an OQTF

Revocation of the OQTF

If your situation changes (marriage to a French citizen, birth of a French child, obtaining employment, etc.), you can request the prefect to revoke the OQTF.

The prefect may cancel the OQTF and examine your residence permit application.

Application for exceptional admission to stay

You can request regularization if you prove strong private and family ties in France or an exceptional situation.

🤝 VisaPref supports you

Receiving an OQTF is a critical situation requiring rapid and expert action. Appeal deadlines are very short and any mistake can be irreversible.

At VisaPref, we support you to:

Analyze the legality of the OQTF
Prepare a solid judicial appeal
File an emergency référé-suspension request
Request revocation of the OQTF or regularization

👉 Contact us immediately for emergency support.

❓ FAQ – OQTF

1. Can I work with an OQTF?

No, an OQTF means your stay is irregular. You have no right to work.

2. Can I travel in the Schengen area with an OQTF?

No, an OQTF requires you to leave French territory and, generally, the entire Schengen area.

3. What happens if I don't leave France after an OQTF?

You risk:

Placement in detention
Forced removal
Extended return ban
Criminal prosecution for irregular stay

4. Can I get married in France with an OQTF?

Yes, you can get married, but marriage alone is not enough to cancel the OQTF. You must request revocation of the OQTF and regularization.

5. Does the OQTF affect my children born in France?

If your children are French, you can invoke your right to respect for private and family life to contest the OQTF or request regularization.