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Verified steps:

Go to the result

Result

The decision shall be analysed on grounds, the time limit fixed and the action documented.

To be done today

  1. Keep the decision in full
  2. Set the date of notification
  3. Create pattern → answer → piece

Check the result

  • Good recipient
  • Numbered bordereau
  • Verified parallel litigation
In brief
Section actions
Duration: Preparation of the appeal — 1 to 7 days; decision — weeks to months
Cost: Free of charge; litigation — legal aid (depending on income)
Possible online

Who this guide is for

Section actions
  • You if the prefecture refused a title or renewal
  • You if you have received an OQTF (obligation to leave the territory)
  • You if you want to understand your remedies against a prefectural decision

To be prepared in advance

Section actions
  • The prefecture's written decision (reasoned refusal letter / OQTF) with date of receipt
  • All attachments to the original application
  • New evidence/arguments for the appeal

Step-by-step procedure

Section actions
  1. 1Read the reasons for refusal in the reasoned letter. That is the basis of the appeal — each ground must be contradicted by evidence.
  2. 2Determine the type of recourse: grace (from the prefecture), hierarchy (from the Minister of the Interior) or litigation (at the administrative court). Often both are possible (gracious + litigation) in parallel.
  3. 3Respect the deadlines: for a refusal of title, in general 2 months for litigation; for an OQTF, 30 days (or 48 hours for important OQTFs). Any delay loses the right.
  4. 4Prepare a free recourse to the prefecture: recommended with AR, with arguments and new evidence. Free. Response time: usually 2 to 4 months.
  5. 5In parallel or in place of grace, file an appeal to the administrative court via the pre-contentious telerec. Without a lawyer, but recommended.
  6. 6In the case of OQTF, file the appeal + a request for a stay of execution (suspension) simultaneously — otherwise an expulsion may take place. Treatment within a few weeks.
  7. 7During the appeal: your status depends on the type of decision. If you refuse a title without OQTF, you remain in a regular position until the decision is made. In OQTF, suspension is indispensable.

Common mistakes

Section actions
  • Passing the deadline (2 months / 30 days / 48 h) — the right of appeal is lost.
  • Do not apply for a stay in case of OQTF — expulsion before the decision.
  • Form a remedy without new arguments/evidence — weak position.
  • To believe that the ex gratia remedy suspends the OQTF. Only the judge's stay does it.
  • Do not consult an association (Cimade, Gisti) or a lawyer in complex cases.

Official sources

Section actions
Show sources in this section

Useful links

Section actions

Important remark

Appeals against the prefecture have strict deadlines and procedures. This information is indicative — speak urgently to an association (Cimade, Gisti) or to a lawyer in foreign law.

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