OQTF appeal: deadlines and the administrative court in France

An OQTF, the French obligation to leave the territory, often arrives together with a refusal of a residence permit. Many people discover it too late, or rely on a deadline read on an old website. Yet the deadlines changed in 2024, then again in June 2026. A lawyer checks yours in 20 minutes on Avocat20min.fr.

OQTF appeal: when the prefecture issues the order

Article L.611-1 of the CESEDA, the French immigration code, provides for six grounds:

1. Irregular entry into France.
2. An expired visa, or more than three months of stay without a permit.
3. A refusal or withdrawal of a residence permit.
4. An asylum claim finally rejected.
5. A threat to public order, after less than three months of lawful stay.
6. Working without authorisation, in the same conditions.

Since the law of 26 January 2024, the old protections have almost all disappeared. The spouse of a French national or the parent of a French child may now receive an OQTF. Only minors stay protected. Your family life nevertheless remains a decisive argument before the judge.

The right deadline in 2026

The deadline depends on your situation when the order is served. Beware of websites still quoting "30 days, 15 days or 48 hours": those deadlines date from before July 2024.

Your situation	Deadline to appeal	Time to judgment
General case, with or without time to leave	1 month	6 months, before a full bench
Compulsory residence order	7 days	15 days, single judge
Detention in prison	7 days	Fast-track procedure
Administrative detention	48 hours	96 hours
Asylum refused under the fast-track procedure, since 12 June 2026	7 days	Fast-track procedure

If you are placed under a compulsory residence order or detained during the one-month period, a fresh seven-day period starts. The 48-hour deadline, in contrast, never gets longer.

The last line comes from the European Pact on Migration and Asylum, applied since 12 June 2026. It covers asylum claims lodged since that date.

Asking the prefect to reconsider: a false good idea

Facing an OQTF, asking the prefect to reconsider does not extend the deadline. Article R.911-1 of the CESEDA says so expressly. Time therefore keeps running while you wait for an answer. So file your OQTF appeal directly with the administrative court.

How to file an OQTF appeal

You apply to the administrative court named in the decision. In practice, a single application challenges every decision in the order: refusal of the permit, the OQTF itself, the time allowed to leave, the country of removal and any re-entry ban.

The application is filed on the Télérecours citoyens platform, at the court registry, or through the registry of the detention centre. It must set out the facts and the arguments, and attach the decision challenged. A lawyer is not compulsory, but a well-drafted OQTF appeal often changes the outcome.

Legal aid

You may apply for legal aid at the latest when you file your appeal. It stays open even without a residence permit. Sources differ, however, on its effect on the one-month deadline. As a precaution, file your appeal within that period, without waiting for the answer.

What an OQTF appeal suspends

Article L.722-7 of the CESEDA protects you: the prefecture cannot remove you before the end of the appeal period. If you apply to the judge, it must also wait for the judgment. A compulsory residence order or administrative detention nevertheless remain possible in the meantime.

An appeal to the administrative court of appeal is filed within one month but suspends nothing.

What the judge reviews

The court examines the lawfulness of each decision. It checks in particular:

• The procedure: authority of the signatory, reasons given, the right to be heard.
• The substance: could the prefecture refuse the permit and issue the OQTF?
• Your private and family life, protected by article 8 of the European Convention on Human Rights.
• The risks in the country of removal, under article 3 of the same Convention.
• The proportionality of any re-entry ban, given your circumstances.

If the court quashes the OQTF, the prefecture issues you a temporary residence authorisation. It then reviews your situation again. Our article on refusal of a residence permit explains that review.

Time to leave and re-entry bans

In principle, an OQTF gives you thirty days to leave. The prefecture may nonetheless issue it with no time to leave in cases of threat to public order, fraud or risk of absconding.

A ban on returning to French territory often comes on top:

• OQTF with no time to leave: ban compulsory, up to five years, ten years for a serious threat.
• Staying beyond the time allowed: ban compulsory, up to five years.
• Other cases: ban optional, up to five years.

Good news: an optional ban falls away if you prove you left in time. You must do so within two months of the end of the departure period. For its length, its lifting and the Schengen database, see our guide to the re-entry ban.

How long does an OQTF last?

Since the 2024 law, an OQTF allows a compulsory residence order or detention for three years, against one year before. It keeps its effects for as long as it is neither quashed nor withdrawn.

An unenforced OQTF also weighs on the future. It leads to visa refusals for five years and becomes a ground for refusing a permit. Our article on exceptional leave to remain shows what it changes for regularisation.

Detention and compulsory residence

Detention lasts at most 90 days in the general case, under the supervision of the judicial judge. A law of 27 July 2026, upheld by the Conseil constitutionnel, extends it to 210 days for certain dangerous convicted persons. That regime already covered terrorism cases.

A short compulsory residence order lasts 45 days, renewable twice. During that time, you report to the police station and stay within a set area. Above all, remember that such an order cuts the deadline for an OQTF appeal to seven days.

When to consult a lawyer

As soon as the decision arrives. Every day counts, especially under a residence order or in detention. A lawyer identifies the exact deadline, gathers the evidence of your life in France and drafts the OQTF appeal in time. If your permit has just expired, read our article on the expired residence permit as well.

An immigration lawyer answers within 20 minutes. The CESEDA articles on the OQTF can be read on Légifrance.