France’s Deportation Laws: What You Should Know as a Foreigner

Introduction

France is also among the most populous and visited countries in Europe, with millions of tourists, students, and laborers visiting and settling there annually. France, while having an open immigration law, also strictly carries out the deportation of aliens who violate visa laws, become criminals, or are considered security threats. Deportation, or "expulsion," is the law that removes an alien from France under specific conditions.

This blog outlines who is deportable from France, the legal process, foreigners' rights, how to appeal against a deportation order, and means of evading removal.

 

1. What is Deportation in France?

A. Definition of Deportation (Expulsion & Obligation de Quitter le Territoire Français - OQTF)

French deportation is the enforced expulsion of an alien from the country for public order, security, or legal purposes. French deportation can incur an entry prohibition between 1 year and a lifetime.

B. Who Handles Deportation in France?

✔ French Ministry of the Interior – Enforces immigration laws and deportation notices.

✔ Office Français de l'Immigration et de l'Intégration (OFII) – Deals with voluntary returns and residence permits.

✔ Préfecture (Local Prefecture Office) – Issues deportation notices and enforces removal orders.

✔ Police aux Frontières (PAF - Border Police) – Conducts deportation removals.

✔ Administrative Courts (Tribunal Administratif) – Reviews appeals against deportation orders.

 

2. Who Can Be Deported from France?

A. Foreigners Without a Valid Visa or Residence Permit

✔ If one overstays their visa, they can be issued Obligation de Quitter le Territoire Français (OQTF).

✔ They must depart within 30 days or be deported involuntarily.

✔ Example: When a tourist visa has elapsed and the individual stays in France without requesting an extension, he can be deported.

 

B. Criminal Offenders

✔ Foreigners guilty of serious offenses are deportable in France.

✔ Crimes leading to deportation include:

• Drug trafficking or possession.
• Crime of fraud, theft, financial crime.
• Assault, domestic violence (crimes of a violent nature).
• Terrorism-related offenses.
  ✔ Example: Terrorist offenders convicted and expelled by France, even when they had a longstanding residence.

 

C. National Security Threats

✔ Persons suspected of terrorist connections, spying, or being a threat to public order can be removed.

✔ France has stepped up deportations of radicalized people since 2015 for national security reasons.

✔ Example: In 2022, France deported persons suspected of spreading extremist ideologies.

 

D. Individuals Who Rely on Social Welfare Without Legal Status

✔ Foreigners who depend on state welfare without legal residence can be removed.

✔ This primarily concerns non-EU nationals without a valid residence or work permit.

✔ Refugees and persons in receipt of international protection cannot be deported under this provision.

 

E. Rejected Asylum Seekers

✔ If a rejected asylum seeker's application is refused, they are required to depart voluntarily within 30 days.

✔ If they fail to depart, French authorities may forcibly deport them.

✔ Example: France expels rejected asylum seekers to their countries of origin unless they will be persecuted.

 

3. The Deportation Process in France

A. Issuance of a Deportation Order

✔ The Préfecture issues an Obligation de Quitter le Territoire Français (OQTF) or an Expulsion Order.

✔ The order includes:

• Grounds for deportation.
• Voluntary departure deadline (30 days).
• Right to appeal.

 

B. Voluntary Departure Option

✔ Some people are allowed to go voluntarily from France so that they do not have to be deported forcibly.

✔ The French Immigration Office (OFII) provides funding for voluntary departures.

✔ Voluntary departure avoids a re-entry ban.

 

C. Forced Deportation by Authorities

✔If the individual does not go voluntarily, deportation is enforced by the border police (PAF).

✔ The individual may be:

• Arrested and placed in a detention center.
• Held until departure is organized.
• Escorted to the airport and returned to their home country.

 

D. Immigration Detention Centers (CRA - Centres de Rétention Administrative)

✔ Deportees can be detained prior to removal.

✔ Detention is for up to 90 days in serious cases.

✔ Example: Paris (Vincennes) CRA detains most foreigners waiting for deportation.

 

E. Travel Ban & Blacklist

✔ Deportees can be banned from returning to France for 1 to 10 years.

✔ Permanent ban for those who pose a national security threat.

✔ Some EU-wide bans restrict travel to other Schengen nations.

 

4. How to Challenge Deportation in France

Foreigners facing deportation may appeal their case under French law.

A. Appeal to the Administrative Court (Tribunal Administratif)

✔ A deportation order can be challenged in court within 48 hours to 30 days, depending on the case.

✔ A lawyer can present evidence proving why deportation should be stopped.

✔ Example: If a person has strong family ties in France, the court may halt deportation on humanitarian grounds.

 

B. Humanitarian Protection (Article 8 ECHR - Right to Family Life)

✔ If deportation violates the right to family life (Article 8 of the European Convention on Human Rights), the person may stay.

✔ This applies to:

• Foreigners married to a French citizen.
• Parents of French children.
• Long-term residents with strong social ties.

 

C. Asylum or Protected Status

✔ Individuals at risk of persecution in their home country may apply for asylum.

✔ If asylum is granted, deportation is canceled.

✔ Example: France does not deport individuals to countries where they face serious human rights violations.

 

5. Can Deported Individuals Return to France?

✔ Temporary suspensions (1-5 years) are for minor visa infractions.

✔ Permanent suspensions are for serious offenses or threats to national security.

✔ Certain individuals may apply for a re-entry permit if they demonstrate rehabilitation or a legitimate reason to re-enter.

 

6. How to Avoid Deportation in France

✔ Follow Visa & Residency Rules – Maintain legal documents current.

✔ Respect French Laws – Refrain from criminal behavior and comply with laws.

✔ Apply for Legal Residency – If qualified, seek a long-term residence permit

✔ Integrate into Society – Study French, work lawfully and help the economy.

✔ Seek Legal Help Early – If experiencing immigration problems, speak with a lawyer prior to deportation proceedings.

 

7. Conclusion

France has robust deportation legislation under its immigration and asylum policy. Foreigners are deported for outstaying their visas, crime, being a security threat, or having previously failed asylum. The Ministry of the Interior and French immigration officials handle deportation cases, though some people have a right to appeal.

By following French immigration laws, respecting visa conditions, and seeking legal representation, expats and migrants can ensure their lawful status and avoid deportation from France.

Declaration:

The details in this article are for general information only. We urge readers to make their own investigations and cross-check facts with official sources before making a decision. We do not make any guarantee as to the accuracy of the information, and we accept no responsibility for any outcome resulting from the use of the information.

 

References

1. French Ministry of the Interior (Ministère de l'Intérieur) – www.interieur.gouv.fr
2. Office Français de l'Immigration et de l'Intégration (OFII) – www.ofii.fr
3. French Immigration Law (Code de l’Entrée et du Séjour des Étrangers et du Droit d’Asile - CESEDA) – www.legifrance.gouv.fr
4. European Court of Human Rights (ECHR) – Article 8 – www.echr.coe.int