If the administrative court has annulled your obligation to leave French territory (OQTF), the measures imposed on you come to an end and the prefecture issues you with a residence permit or a temporary residence authorisation while it re-examines your file. The annulment is therefore an important step but, depending on what was sought, it does not in itself amount to the issue of a residence permit. The obligation to leave French territory is provided for by Article L611-1 of the CESEDA, and the effects of its annulment by Article L614-16. <\/p>\n\n\n\n
Winning the case reopens the file and provides immediate protection. What follows depends on what the judge ordered: in most cases, the prefecture must re-examine the situation. Where the grounds of annulment necessarily imply a right of residence, the judge may order it to issue the permit directly. <\/p>\n\n\n\n
When the judge annuls the OQTF, the decision disappears retroactively, as though it had never existed. The supervisory measures that accompanied it come to an end immediately, and the prefecture issues a temporary residence authorisation pending a fresh examination of the situation.<\/p>\n\n\n\n
That authorisation allows the person concerned to remain lawfully in France during the re-examination.<\/p>\n\n\n\n
Annulment means that the judge has found the decision unlawful and removed it. The person is no longer subject to an obligation to leave the territory and can no longer be removed on that basis.<\/p>\n\n\n\n
The scope of the decision depends, however, on what the judge annuls. <\/p>\n\n\n\n
Where the OQTF itself is annulled, all the related measures fall with it, whether the refusal of a period for voluntary departure, the decision setting the country of removal, the ban on return, a placement in detention or a compulsory residence order. <\/p>\n\n\n\n
Where the judge annuls the ban on return alone, removal may still go ahead, but return to France will be possible with a valid visa. <\/p>\n\n\n\n
Where the judge annuls only the decision setting the country of removal, a compulsory residence order remains possible. <\/p>\n\n\n\n
Careful analysis of the operative part of the judgment is therefore essential in order to establish precisely what has been annulled.<\/p>\n\n\n\n
The temporary residence authorisation, commonly referred to by the abbreviation APS (autorisation provisoire de s\u00e9jour), is a document authorising temporary residence in France. It is issued following the annulment of the OQTF, under Article L614-16 of the CESEDA.article L614-16 du CESEDA<\/a>.<\/p>\n\n\n\n This authorisation acts as transitional protection. It prevents a return to irregular status while the prefecture re-examines the file. It should be noted, however, that it is not a residence permit and has neither the duration nor the effects of one. It covers only the period of the re-examination, until the administration rules again on the right of residence.<\/p>\n\n\n\n That depends on what the judge ordered. Two situations must be distinguished.<\/p>\n\n\n\n Most often, the court orders the prefecture to re-examine the situation, on the basis of Article L911-2 of the Code of Administrative Justice. The prefecture must then rule again on the right of residence, without being required to grant a permit. This is the position in particular where the annulment rests on a procedural defect, an inadequate statement of reasons, or an error of assessment that does not prejudge the substance of the right of residence.<\/p>\n\n\n\n The court may also order the permit to be issued. That injunction is made on the basis of Article L911-1 of the Code of Administrative Justice, where the grounds of annulment necessarily imply that the foreign national has a right of residence: for instance where the judge finds that the conditions for a permit as of right are met. The court then sets a time limit for issue, where appropriate subject to a daily penalty payment (astreinte).<\/p>\n\n\n\n In both cases, the injunction must have been sought in the application. Failing that, the annulment produces the effects provided by operation of law under Article L614-16 of the CESEDA: the prefecture issues a temporary residence authorisation and rules again on the right of residence, whether or not a permit had been applied for. Ruling again does not mean granting. At the end of the re-examination, the prefecture may issue a permit or refuse again, possibly together with a fresh OQTF, which is itself open to challenge.<\/p>\n\n\n\n The drafting of the relief sought in the application is therefore decisive: it determines what the judge will be able to order.<\/p>\n\n\n\n The first step is to collect and keep the temporary residence authorisation from the prefecture, on the basis of the annulment judgment. <\/p>\n\n\n\n Next comes preparation for the re-examination. Where an application for a residence permit was pending, it must be considered afresh. Where none was pending, the re-examination concerns the right of residence in the light of the individual situation. This is the moment to assemble the most up to date evidence of ties in France, of professional activity, of family life and of integration, because the prefecture rules on the situation as it stands on the day of the re-examination. A complete and current file gives the best prospects, even though it does not prejudge the decision.<\/p>\n\n\n\n Where the judge orders the prefecture to re-examine the situation, a time limit for doing so is generally set, often of a few months. That time limit appears in the operative part of the judgment.<\/p>\n\n\n\n Outside that situation, no automatic time limit applies to the administration for completing the re-examination, which can lengthen the wait.<\/p>\n\n\n\n Where the re-examination extends beyond the time limit set by the judge, routes exist to enforce the decision.<\/p>\n\n\n\n The prefecture sometimes delays issuing the temporary residence authorisation or re-examining the file. Several levers are then available: <\/p>\n\n\n\n These steps are technical, and it is often at this stage that the support of a lawyer practising in immigration law makes the difference.<\/p>\n\n\n\n The annulment first opens a right of temporary residence for the duration of the re-examination, evidenced by the temporary residence authorisation. It then opens a right to a full re-examination of the situation by the prefecture, which cannot simply maintain its position without a fresh examination.<\/p>\n\n\n\n That re-examination is the opportunity to rely on every relevant basis for a right of residence according to the individual situation, for instance private and family life, employment or health. Nothing guarantees the outcome, which depends on the file and on the administration's assessment. But the annulment restores a position in which the arguments raised must be examined, which was no longer the case under the OQTF.<\/p>\n\n\n\n Once the annulment has been obtained, the focus shifts to enforcement and re-examination. A lawyer practising in immigration law ensures that the prefecture issues the temporary residence authorisation, prepares the re-examination file with the relevant documents, and brings injunction or enforcement proceedings where necessary. The lawyer also anticipates the possibility of a fresh refusal and the remedies attached to it.<\/p>\n\n\n\n The annulment of an OQTF is not the finish line, it is the start of the re-examination. What the prefecture decides depends largely on what is put before it: current ties, evidence of integration, a file that leaves no grey areas. Ensuring enforcement of the judgment and preparing for the re-examination are the two steps that turn a win in court into settled residence. El Haitem \u25c6 Law practises in immigration law, in French and in English, and responds to urgent matters 24 hours a day. If your OQTF has been annulled, contact the firm for an initial discussion.<\/p>\n\n\n\n Annulment means that the administrative judge has found the OQTF unlawful and removed it. The supervisory measures come to an end, and the prefecture issues a temporary residence authorisation pending a re-examination of the situation, under Article L614-16 of the CESEDA.<\/p>\n\n\n\n Not always. In principle, the annulment requires the prefecture to re-examine the situation and to rule again on the right of residence, with no guarantee that a permit will be issued. But where the grounds of annulment necessarily imply a right of residence, the judge may order the permit to be issued on the basis of Article L911-1 of the Code of Administrative Justice. <\/p>\n\n\n\n The temporary residence authorisation must be collected from the prefecture on production of the judgment, and the re-examination then prepared by assembling the most up to date evidence of private and family life, professional activity and integration in France.<\/p>\n\n\n\n The judge may order the re-examination subject to an astreinte, on the basis of Articles L911-1 and L911-2 of the Code of Administrative Justice. Where the administration remains inactive, an application for enforcement of the judgment may be filed with the court, and urgent interim proceedings considered in cases of urgency.<\/p>\n\n\n\n Where the judge orders a re-examination, a time limit of a few months is generally set and stated in the judgment. Outside that situation, no automatic time limit applies, and the temporary residence authorisation covers the waiting period.<\/p>\n\n\n\n <\/p>","protected":false},"excerpt":{"rendered":" Si le tribunal administratif a annul\u00e9 votre obligation de quitter le territoire fran\u00e7ais (OQTF), les mesures qui pesaient sur vous prennent fin et la pr\u00e9fecture vous remet un titre de s\u00e9jour ou une autorisation provisoire de s\u00e9jour, le temps de r\u00e9examiner votre dossier. Cette annulation est ainsi une \u00e9tape importante, mais, en fonction de vos […]<\/p>\n","protected":false},"author":3,"featured_media":256,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":["post-248","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-oqtf"],"_links":{"self":[{"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/posts\/248","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/comments?post=248"}],"version-history":[{"count":2,"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/posts\/248\/revisions"}],"predecessor-version":[{"id":251,"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/posts\/248\/revisions\/251"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/media\/256"}],"wp:attachment":[{"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/media?parent=248"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/categories?post=248"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/elhaitem-law.com\/en\/wp-json\/wp\/v2\/tags?post=248"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Must the prefecture issue a residence permit?<\/h2>\n\n\n\n
Steps to take after the annulment<\/h2>\n\n\n\n
Time frames for the re-examination<\/h2>\n\n\n\n
What if the prefecture does not comply with the decision?<\/h2>\n\n\n\n
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The rights opened up by the annulment<\/h2>\n\n\n\n
Obtaining legal assistance<\/h2>\n\n\n\n
Frequently asked questions<\/h2>\n\n\n\n
What does the annulment of an OQTF after a successful application mean?<\/h3>\n\n\n\n
Must the prefecture issue a residence permit after the annulment?<\/h3>\n\n\n\n
What steps should be taken after an OQTF is annulled?<\/h3>\n\n\n\n
What if the prefecture does not comply with the court's decision?<\/h3>\n\n\n\n
How long does the re-examination take after the annulment?<\/h3>\n\n\n\n