EU return regulation: what changes in France, and when
The EU Council adopted the return regulation on 1 October 2026. OQTF, time to leave, detention, re-entry ban, appeals: what changes in France, and from when.
On 1 October 2026, the Council of the European Union adopted the new return regulation. It replaces the 2008 Return Directive and will affect every foreign national who receives an OQTF, the French order to leave the territory. Yet most of its rules will only apply from autumn 2027. Until then, the CESEDA, the French immigration code, still applies. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.
The return regulation: what has just been adopted
The European Commission proposed the text on 11 March 2025. It replaces Directive 2008/115/EC, which has governed removals across the Union until now.
The process took eighteen months. The European Parliament voted for it on 17 June 2026, by 418 votes to 218. The Council then adopted it in Luxembourg on 1 October 2026, with 23 member states in favour. France supported it.
The Interior Minister, Laurent Nuñez, told the Senate on 24 June 2026 that France was behind the return regulation. In his view, it will make removals easier by removing the period for voluntary departure in some cases.
One major difference with the directive: a regulation applies directly. France does not need to transpose it for it to take effect.
Timeline: when will the return regulation apply?
The text enters into force the day after its publication in the Official Journal of the EU. As of 14 October 2026, that publication date has not yet been confirmed.
| Step | Date |
|---|---|
| Commission proposal | 11 March 2025 |
| Agreement between Parliament and Council | 1 June 2026 |
| European Parliament vote | 17 June 2026 |
| Adoption by the Council | 1 October 2026 |
| Entry into force | Upon publication in the Official Journal of the EU, to be confirmed |
| Most rules apply | 12 months after entry into force, around autumn 2027 |
A few provisions apply straight away. These mainly concern return hubs, centres located in a third country. For everything else, the return regulation gives member states a year to get ready.
In practice, an OQTF served in October 2026 is still governed by current French law. Its deadlines, appeals and detention rules do not change overnight.
OQTF and return decision: what changes
Today, the prefecture issues an OQTF in the cases listed in the CESEDA. Under the new text, a return decision becomes mandatory for anyone staying irregularly. It applies even when removal is not possible right away, for instance without a travel document from the consulate.
The European return order
The return regulation also creates a "European return order". It is a common form, and its details are entered in the Schengen Information System (SIS).
Another member state will thus be able to recognise a decision taken in France, and enforce it. For now, this mutual recognition remains voluntary. The Commission will review it three years after entry into force and may propose making it mandatory.
In practice, moving to a neighbouring country will not reset the clock. Your decision will follow you across the Schengen area.
Time to leave: shorter in some cases
Under French law, an OQTF normally gives you thirty days to leave (Article L.612-1 of the CESEDA). The prefecture can already issue it with no time to leave in cases of threat, fraud or risk of absconding.
The return regulation keeps a voluntary departure period of up to thirty days. That period may vary, though: shortened or extended depending on your situation and your cooperation. It disappears where there is a risk of absconding or a threat.
New duties to cooperate
The text also requires you to cooperate. You must remain available to the authorities, give the information needed to identify you and hand over your documents.
Refusing to cooperate can lead to several sanctions:
- Forced return, with no time to leave.
- Cuts to certain benefits provided by national law.
- Refusal of assisted voluntary return.
- A longer re-entry ban.
- Fines, and even criminal penalties where national law provides for them.
Detention: up to 24 months
In France, administrative detention lasts 90 days at most under the general rules. Law No. 2026-667 of 27 July 2026 raises that limit to 210 days for some foreign nationals convicted of serious offences against persons. Our guide to detention in a CRA explains these rules.
The return regulation sets a much higher European ceiling. Detention can last up to 24 months in a single state, plus six months in some cases. A new period can then start in another member state.
Three grounds justify it: a risk of absconding, a refusal to cooperate, or a threat to security. Before any detention, the authorities must consider alternatives:
- a duty to report to the authorities;
- an assigned residence;
- electronic monitoring;
- a financial guarantee.
For unaccompanied minors and families with children, detention remains possible "as a last resort", for the shortest possible time. How France will combine these ceilings with its own law remains to be seen before 2027.
Re-entry ban: longer durations
Today, a French re-entry ban (IRTF) usually lasts five years at most, and ten years for a serious threat. Our article on the re-entry ban covers these cases.
Under the return regulation, an entry ban can reach ten years, and twenty years in duly justified cases. For a security risk, it can even have no fixed end. It will come with the return decision in many cases, especially after a forced return or an order that was not complied with. It can also be issued after you leave.
Appeals: the end of automatic suspensive effect?
This is probably the most sensitive point. In France, Article L.722-7 of the CESEDA protects you: the prefecture cannot remove you before the appeal deadline ends, nor before the judgment. Our guide to the OQTF appeal sets out those deadlines: one month, seven days or 48 hours.
The return regulation removes this automatic suspensive effect. Member states may still keep it. Removal during an appeal will therefore become possible in some cases, depending on the choices France makes. As of 14 October 2026, no French text has settled this point yet.
Searches, hubs and return to a third country
The text also allows searches of persons, homes and other places. The authorities will be able to seize personal belongings and electronic devices. Judicial or administrative authorisation is still required, with safeguards.
Above all, it opens the way to return hubs. A state will be able to sign an agreement with a third country that is neither your country of origin nor a country you have a right to enter. Respect for the principle of non-refoulement remains required, and unaccompanied minors are excluded. For France, Laurent Nuñez was clear: when it comes to return centres, "c'est non", it is a no. Our article on return hubs sets out where things stand.
What does not change yet
Until autumn 2027, the CESEDA remains the main rulebook. Here is what still applies today:
- The thirty-day period to leave under an OQTF, unless it was issued with no time to leave.
- The suspensive appeal before the administrative court.
- Current detention limits, under the review of the judge.
- Current IRTF durations.
- National regularisation routes, such as exceptional leave to remain.
The return regulation itself no longer provides for a humanitarian permit as an alternative. Member states nonetheless keep their own regularisation routes.
Context matters too. In 2025, the Interior Ministry recorded 24,985 removals, including 15,569 forced ones. The enforcement rate for OQTF orders is around 10 to 11%. The new text aims precisely to raise these figures.
What to do if you are affected
Do not wait for 2027 to act. If you receive an OQTF today, current law applies, with its very short deadlines.
- Note the date and time of service. Your appeal deadline depends on it.
- Appeal in time, with legal aid (aide juridictionnelle) if your income is low.
- Keep proof of your ties: lease, payslips, your children's schooling.
- Keep your passport and proof of departure, if you leave.
- Check your SIS alert before any trip.
An expired permit often leads to an OQTF. Our article on the expired residence permit explains how to avoid it. The Pact on Migration and Asylum also changes the rules at the border: read our guides on the border procedure, the waiting zone and internal border checks.
When to see a lawyer
As soon as you are served with an OQTF, a re-entry ban or a detention order. A lawyer checks your deadline, drafts the appeal and gathers your documents. They also follow the arrival of the return regulation, to anticipate what will change in your case in 2027.
An immigration lawyer answers you in 20 minutes. The CESEDA articles on the OQTF are available on Légifrance.
Frequently asked questions
Comments
Need a lawyer now?
20 minutes on the phone with a Bar-registered lawyer, in under 10 min, for €20–30.
Related articles
Waiting zone in France: refusal of entry, rights and appeals
A relative held in a waiting zone at a French airport? Refusal of entry, 4 to 20 days, the judge, your rights, asylum at the border, the 48-hour appeal and what the new EU return rules change.
Border procedure in France: screening, 12 weeks and your rights
The EU border procedure has applied in France since 12 June 2026: 7 days of screening, asylum decided within 12 weeks, return without entry. Your rights and what to do.
Return hubs: France's position and your rights
Return hubs enter EU law with the regulation adopted on 1 October 2026. France refuses to open any. What changes, what you risk and how to challenge a removal.