You have received an OQTF: what to do, and within what deadlines?

Receiving an order to leave French territory is a shock. But an OQTF is not an immediate removal, and it can be challenged. The essential condition: act fast, because appeal deadlines are short, sometimes a few days, or even a few hours.

What is an OQTF?

The obligation to leave French territory (OQTF) is a decision by which the prefect orders a foreign national to leave France. It is most often issued following a residence permit refusal, or after a person in an irregular situation is stopped by the authorities.

Practice has hardened significantly: since the circular of 23 January 2025, any refusal of regularisation (exceptional admission to residence) must in principle come with an OQTF. And since 12 June 2026, with the entry into application of the European Pact on Migration and Asylum, a circular of 10 June 2026 provides that an OQTF is issued as soon as the asylum application is rejected by the OFPRA, without waiting for the CNDA’s decision.

An OQTF may come with a voluntary departure period (thirty days in principle), or, in cases deemed more urgent, without one. But beware: contrary to a widespread belief, it is no longer the absence of a departure period that reduces your time to act.

Very short appeal deadlines

The effective remedy is the appeal before the administrative court. It is the only one that suspends the enforcement of the OQTF: as long as it is filed within the deadline, you cannot be removed before the judge’s decision.

Since the reform of 26 January 2024, the deadline depends on your situation at the time of notification, not on the type of OQTF:

• General case, you are free to move: the appeal deadline is one month from notification, whether or not the OQTF includes a voluntary departure period. The court then has six months to rule.
• You are under house arrest (assignation à résidence): the appeal deadline is reduced to seven days, and the court rules within fifteen days.
• You are placed in administrative detention: the appeal deadline is only forty-eight hours, and the court rules within ninety-six hours.
• Special case since June 2026: if the OQTF follows the rejection of an asylum application examined under the accelerated procedure, the appeal deadline is seven days, even if you are free.

An essential mechanism to know: if, while your one-month deadline is still running, you are placed under house arrest, in detention or imprisoned, that deadline is interrupted; a new deadline (seven days or forty-eight hours depending on the case) runs from the moment you are informed. A “dormant” OQTF can thus switch overnight into an extremely urgent procedure.

The exact deadline appears on your decision, and it runs from notification. The procedures were overhauled by the law of 26 January 2024, then adjusted again in June 2026 with the European Pact on Migration and Asylum: the first thing to do is therefore to check precisely the deadline applicable to your case.

What to do as soon as you receive it?

• Note the notification date and keep the envelope (it proves the date).
• Gather the decision, your identity documents and proof of your ties to France (family life, length of residence, work, health).
• Contact a lawyer without delay, the deadlines are too short to hesitate.

Beware: an informal appeal to the prefect is possible, but it does not extend the deadline to bring the case before the court. It must never replace the court appeal. Administrative case law does however reserve the situation where the notification informs you of the possibility of an administrative appeal without specifying that it does not extend the litigation deadline: this lack of information can make the deadline unenforceable, a point that deserves a lawyer’s eye.

What if the appeal is rejected?

It remains possible to appeal to the administrative court of appeal. But beware: the appeal deadline is one month from notification of the judgment, the appeal is not suspensive, and representation by a lawyer is mandatory there.

Frequently asked questions

Can I be removed while the appeal is pending? No, if the court appeal was filed within the deadline: the appeal before the administrative court suspends the enforcement of the OQTF until the judge’s decision.

Do I need a lawyer? It is not mandatory at first instance, but strongly recommended: the procedures are technical and the deadlines unforgiving. You can apply for legal aid at the latest when filing the appeal, which allows you to be assisted without advancing the costs.

What exactly can I challenge? The appeal can target the OQTF, but also the decisions that come with it: the residence permit refusal, the decision on the voluntary departure period, the designation of the country of return, the re-entry ban.

This article is for information purposes and does not constitute legal advice. Deadlines and procedures depend on your specific situation and change regularly; two major reforms have taken place since 2024. For a review of your file, contact the firm: a first reply is provided within 48 hours.