Immigration lawyer in Nice: residence permits, OQTF and appeals
You live in the Nice area, or you want to, and you face a refused residence permit, an order to leave French territory, a delay in renewing your papers or a visa refusal. French immigration procedure is dominated by short deadlines. Missing one can close the door to an appeal, however weak the administration's reasoning may be. Our firm assists foreign nationals before the prefecture and the administrative courts. We are registered with the Nice bar.
The information below is accurate as of 28 October 2026 and describes French law in general terms. Immigration rules change often, and this page does not replace a review of your decision. To reach us, call +33 4 22 13 03 54 or use our contact page, which is in French. Our office is at 2 place Jean Moulin, 06000 Nice. All our pages in English are listed on our international clients page.
Table of contents
I received an OQTF (order to leave French territory)
An OQTF (obligation de quitter le territoire français) is a decision of the prefect requiring a foreign national to leave France. The code on the entry and residence of foreigners (CESEDA) lists the situations in which the administration may issue one (article L. 611-1). They include staying in France without a valid residence permit, staying after a visa has expired, or being refused the issue or renewal of a residence permit or having a permit withdrawn.
The deadline to challenge an OQTF before the administrative court depends on your situation when it is notified. In the general case it is one month. If you are placed under an assignment to residence (assignation à résidence) it is seven days, and if you are placed in administrative detention it is forty-eight hours (article L. 614-1, article L. 614-2 and article L. 921-2). Writing to the prefecture does not suspend these deadlines. These rules were substantially reformed in 2024, and regulations were amended in June 2026, so check the date of notification and the remedies printed on your decision, and contact a lawyer at once. Our French article on the OQTF goes through the deadlines in detail.
My residence permit was refused or not renewed
A refusal of a residence permit can be challenged. The administration's silence can amount to an implied refusal (article R*432-1 of the CESEDA), and the usual deadline to apply to the administrative court is two months (article R. 421-1 of the code of administrative justice). An urgent application to suspend the decision can also be made (article L. 521-1).
Many applications rest on private and family life. A "private and family life" permit may be issued where a refusal would infringe that right disproportionately (article L. 423-23), and an exceptional admission to stay is also possible (article L. 435-1). Whether these routes are open to you depends on your length of stay, your family ties and your integration. Read our French articles on refusal of a residence permit, on residence permits generally, on the permit for the spouse of a French national and on the receipt (récépissé).
Family reunification
A foreign national who lives lawfully in France can apply for their family to join them. The code sets conditions on the applicant's resources, housing and compliance with the essential principles of French law (article L. 434-7). The resources condition is often the point on which applications fail. Our French article on family reunification explains the conditions and the appeals.
Visa refusal
Before going to court, a refusal of a visa generally has to be challenged through a mandatory preliminary appeal to a commission (for long-stay visas) or to the visa department (for short stays), within thirty days (article D. 312-3 and article D. 312-4). The spouse of a French national is in a special situation, since a visa should be issued as of right except in cases of fraud, annulment of the marriage or a threat to public order (article L. 312-3). A lawyer drafts the appeal and, if needed, the application to the administrative court.
What to do now
- Note the date and the method of notification of your decision.
- Read the remedies and deadlines printed on the decision.
- Gather proof of your life in France: leases, bills, tax notices, payslips, school certificates, medical documents, family documents.
- Do not rely on oral information about deadlines, and do not sign anything you do not understand.
- Contact a lawyer before the deadline, not after.
How we can help
We examine your decision, identify the deadline and the strongest grounds, draft the application and the submissions, and plead before the administrative court. We cannot promise an outcome, but a challenge brought in time and well documented receives a real review by the judge. See our fees page, in French, or ask us for a fee proposal.
Frequently asked questions
How long do I have to challenge an OQTF?
In the general case, one month from notification; seven days if you are under an assignment to residence; forty-eight hours if you are in detention.
Does writing to the prefecture stop the clock?
No. A request to the prefecture does not suspend the deadline to apply to the administrative court.
Is silence from the prefecture a refusal?
It can be treated as an implied refusal, and the deadline to challenge it then runs. Ask a lawyer how to calculate it.
Can my family join me in France?
Possibly, if you meet the conditions on resources, housing and respect for the principles of French law.
What if I do not speak French?
Our firm works mainly in French. If you do not speak French, tell us when you contact us and we will organise interpretation.
GUERINOT & GUEDDA, Lawyers at the Nice Bar – Immigration law.
+33 4 22 13 03 54 – cabinet@rig-avocats.com