OQTF valid for 3 years – What to do after a return ban?

Since Law No. 2024-42 of 26 January 2024 on immigration control and improved integration, the duration of validity of an Order for Mandatory Departure from French Territory (OQTF) has been extended from one to three years. This change, which will still be in force in 2025, directly affects the lives of foreign nationals who receive this type of measure.

What are the practical consequences?

A foreigner under the effect of a valid OQTF cannot submit a new application for regularization to the city hall until the three-year period expires, except in exceptional cases. In practice, city halls usually automatically refuse any attempt to submit a dossier during this period.

This means that a person may be stuck in an unstable administrative situation, even if their personal situation has changed profoundly.

Are there any exceptions?

Yes, there are exceptions. It is possible to submit a new application for a residence permit before the end of the three years if there are new and relevant facts since the OQTF was issued, such as:

• Becoming the parent of a French child,

• Marry a French citizen,

• Suffer from a serious illness that requires treatment in France,

• Be well integrated professionally or with family in the country.

In such cases, the law theoretically allows a new request, but in practice, the city hall may even refuse to receive the dossier, forcing the person to appeal to the administrative court.

What to do if the city council refuses to accept the request?

This type of refusal, even if implicit, can be challenged in court. Therefore, it is highly recommended that you consult a specialized lawyer before attempting any new action. Appealing to an administrative judge may be the only way to assert your rights.

Retroactive application of the new law

Please note: the three-year period also applies to OQTFs issued before the new law came into effect in January 2024. In other words, an OQTF received in 2023 is now considered valid until 2026, unless it has been annulled by the court.