Lawyer Immigration Law in Paris
Our areas of practice.
Immigration Law – Kohen Avocats✕
Articles L. 611-1 to L. 611-3 of CESEDA
Order to Leave French Territory (OQTF)
The OQTF is the most common removal measure. It may or may not be accompanied by a 30-day voluntary departure period. An appeal must be filed within very short deadlines depending on the type of OQTF (30 days or 48 hours).
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Litigation & Appeals
- Appeal for annulment before the administrative court within 30 days (OQTF with departure period) or 48 hours (OQTF without departure period).
- Emergency interim relief (référé-suspension) and emergency liberty proceedings (référé-liberté).
- Challenging the decision designating the country of removal and the re-entry ban.
Defense Arguments
- Disproportionate interference with private and family life (Article 8 ECHR, Article L. 423-23 of CESEDA).
- Procedural defects: lack of reasoning, failure to conduct an individual assessment, lack of a prior hearing.
- Protection against removal: risks in the country of origin (Article 3 ECHR).
Relevant Case Law
- A foreign national subject to an OQTF with a voluntary departure period has 30 days to file an appeal for annulment with the administrative court (CAA Douai, June 19, 2018, No. 17DA02381, based on Article L. 512-1 of CESEDA).
- The annulment of the decision refusing a voluntary departure period leads to the immediate release of the foreign national if they are in detention (CAA Bordeaux, November 17, 2021, No. 21BX02020).
- The annulment of the OQTF consequently leads to the annulment of subsequent decisions: re-entry ban, house arrest, placement in detention (CAA Nancy, July 4, 2024, No. 23NC02533).
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Immigration Law – Kohen Avocats✕
Articles L. 421-1 to L. 426-22 of CESEDA
Residence Permits
Applying for, renewing, or changing the status of a residence permit requires a meticulously prepared application. A denial is often accompanied by an OQTF, necessitating a swift response.
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Application and Renewal
- Temporary, multi-year, or resident cards: preparing the application, supporting documents.
- Private and family life (Article L. 423-23 of CESEDA): length of stay, ties to France, integration.
- Exceptional admission to stay (Article L. 435-1 of CESEDA): regularization through work or personal ties.
Litigation
- Appealing a permit denial before the administrative court.
- Emergency interim relief (référé-suspension) to remain in the country during the proceedings.
- Appealing the withdrawal or non-renewal of a permit.
Relevant Case Law
- The refusal to renew a “private and family life” permit must consider all of the foreign national’s personal circumstances, not just the administrative reason cited (CAA Paris, May 31, 2023, No. 22PA04972, Article L. 423-23 of CESEDA).
- A foreign national separated from their French spouse due to domestic violence retains the right to renew their permit (CAA Nancy, September 27, 2022, No. 22NC01263, Articles L. 423-1 and L. 423-5 of CESEDA).
- Behavior by a foreign national that constitutes a threat to public order may justify the refusal of renewal, provided that this threat is clearly established (CAA Versailles, May 28, 2024, No. 23VE01444).
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Immigration Law – Kohen Avocats✕
Articles L. 434-1 to L. 434-9 of CESEDA
Family Reunification
Family reunification allows a foreign national legally residing in France to bring their spouse and minor children to join them. The application is subject to strict conditions regarding income, housing, and length of residence.
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Application Preparation
- Verification of conditions: income (minimum wage over 12 months), housing (size, habitability), and length of residence (18 months minimum).
- Preparing the application for the OFII and the préfecture.
- Monitoring the application process and communicating with the administration.
Litigation
- Appealing the préfet’s denial before the administrative court.
- Challenging the grounds for denial: insufficient income, inadequate housing, threat to public order.
- Invoking Article 8 ECHR and the best interests of the child (Article 3-1 CRC).
Relevant Case Law
- A denial of family reunification due to insufficient income must take into account the total income of the applicant and their spouse; the income threshold cannot be applied automatically (CAA Bordeaux, October 1, 2019, No. 19BX01033).
- The housing condition is assessed based on the available space for the family to be hosted; housing deemed insufficient by the OFII is, in itself, a valid reason for denial (CAA Nantes, February 9, 2024, No. 23NT02707).
- A denial based on an average income below the minimum wage (SMIC) over 12 months is lawful, even if income has increased since the application was filed (CAA Versailles, February 4, 2020, No. 18VE01265).
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Immigration Law – Kohen Avocats✕
Articles L. 511-1 to L. 573-3 of CESEDA
Asylum Law
Asylum applications are processed by the OFPRA. In case of rejection, an appeal can be filed with the National Asylum Court (CNDA). The assistance of a lawyer is crucial for structuring the narrative and preparing for the hearing.
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Before the OFPRA
- Preparation of the personal statement and the asylum application form.
- Gathering evidence: medical certificates, witness statements, press articles, country-of-origin information.
- Assistance during the interview with the protection officer.
Before the CNDA
- Appealing the OFPRA’s rejection decision within the one-month deadline.
- Drafting the legal brief, submitting additional evidence.
- Oral arguments at the hearing before the judicial panel.
Relevant Case Law
- Refugee status or subsidiary protection can be granted by the CNDA after a rejection by the OFPRA; the Conseil d’État reviews the regularity of the procedure followed before these two bodies (CE, June 15, 2021, No. 446630).
- The withdrawal of subsidiary protection must be justified by a change in circumstances in the country of origin; the CNDA exercises full review over this decision (CAA Bordeaux, October 10, 2023, No. 23BX00711).
- Subsidiary protection is granted when the foreign national establishes that they are exposed to serious harm in their country: death penalty, torture, threat due to widespread violence (Article L. 712-1 of CESEDA; CAA Bordeaux, March 9, 2021, No. 20BX03199).
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Immigration Law – Kohen Avocats✕
Articles 21-14-1 to 21-27-1 of the Civil Code – Decree of December 30, 1993
Naturalization
The acquisition of French nationality by naturalization is a discretionary decision of the Minister of the Interior. A denial or postponement can be challenged before the Administrative Court of Nantes, which has sole jurisdiction in this matter.
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Application Preparation
- Verification of legal requirements: habitual residence, length of stay (usually 5 years), assimilation, knowledge of the French language (B1 level).
- Preparation for the assimilation interview at the préfecture.
- Assistance with the nationality declaration procedure (spouse of a French citizen, Article 21-2 of the Civil Code).
Litigation
- Appealing a denial or postponement before the Administrative Court of Nantes.
- Challenging the assessment of a lack of assimilation or insufficient professional integration.
- Appealing the revocation of French nationality (Article 27-2 of the Civil Code).
Relevant Case Law
- The Minister has very broad discretionary power to grant or refuse naturalization; the judge only censures a manifest error of assessment (CAA Nantes, July 23, 2018, No. 17NT00937).
- A postponement for lack of professional integration is not tainted by a manifest error when the individual does not demonstrate stable and long-term employment (CAA Nantes, June 13, 2023, No. 22NT01484).
- Meeting the residence and language assimilation requirements is not sufficient to render a postponement based on other grounds illegal (CAA Nantes, March 8, 2022, No. 21NT00447).
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Immigration Law – Kohen Avocats✕
Articles L. 741-1 to L. 744-17 of CESEDA
Administrative Detention
Placement in an administrative detention center (CRA) is decided by the préfet when removal cannot be immediate. The liberty and detention judge (JLD) must authorize any extension beyond 48 hours.
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Before the Liberty and Detention Judge (JLD)
- Challenging the legality of the detention placement (failure to notify rights, material conditions).
- Opposing the extension beyond 48 hours, and subsequent extensions.
- Requesting release and house arrest as an alternative.
Before the Administrative Court
- Appealing the OQTF and related decisions (country of removal, re-entry ban).
- Challenging the decision to maintain detention when an asylum claim is filed in a CRA (Article L. 556-1 of CESEDA).
- Invoking the right to be heard (Article 41 of the Charter of Fundamental Rights of the EU).
Relevant Case Law
- The decision to maintain the detention of a foreign national who has filed an asylum claim in a CRA must be in writing and reasoned; otherwise, the detention must be terminated immediately (CAA Versailles, January 23, 2020, No. 19VE01864, Article L. 556-1 of CESEDA).
- A foreign national in detention retains the right to be heard prior to any measure affecting them; a violation of this right constitutes a procedural defect (CAA Paris, June 26, 2018, No. 18PA00444).
- Guarantees of representation (stable address, passport surrendered, family ties) must be examined before placement in detention; house arrest is a preferred alternative (CAA Toulouse, July 20, 2023, No. 22TL20806).
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Immigration Law – Kohen Avocats✕
Articles L. 312-1 to L. 312-3 of CESEDA
Visa Denials
A visa denial by consular authorities can be challenged. An appeal to the Commission for Appeals Against Visa Refusal Decisions (CRRV) is a mandatory prerequisite before any judicial review.
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Administrative Appeal
- Filing an appeal with the Commission for Appeals Against Visa Refusal Decisions (CRRV) within the two-month period following notification of the denial.
- Drafting the appeal with factual and legal arguments.
- Submitting additional documents to support the application (income, accommodation, purpose of stay).
Judicial Review
- Appeal for annulment before the Administrative Court of Nantes (sole jurisdiction) after rejection by the CRRV.
- Challenging the grounds for denial: doubts about the purpose of the stay, risk of illegal immigration, insufficient resources.
- Invoking Article 8 ECHR and the best interests of the child.
Relevant Case Law
- Appealing to the CRRV is a mandatory prerequisite for any judicial review of a visa denial; otherwise, the appeal is inadmissible (CAA Nantes, February 26, 2021, No. 20NT02623).
- The CRRV’s decision replaces that of the consular authorities; it is this decision that is subject to judicial review (CAA Nantes, January 27, 2023, No. 22NT01105).
- A visa denial based on public order grounds must be proportionate with regard to the right to respect for private and family life and the best interests of the child (CAA Nantes, October 4, 2019, No. 18NT04009).
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Immigration Law – Kohen Avocats✕
Articles L. 614-1 to L. 614-17 of CESEDA – Articles L. 521-1 and L. 521-2 of the CJA
Appeals to the Préfecture and the Court
Every adverse decision from the préfecture (permit denial, OQTF, re-entry ban) can be subject to an informal, formal, or judicial appeal. Emergency procedures (référés) can be used to obtain a suspension of the measure.
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Administrative Appeals
- Informal appeal (recours gracieux) to the préfet: requesting a review of the situation, submitting new evidence.
- Formal appeal (recours hiérarchique) to the Minister of the Interior.
- Request for reconsideration in case of a change in circumstances.
Judicial Appeals
- Appeal for annulment before the administrative court (30-day or 48-hour deadline depending on the type of decision).
- Emergency interim relief (référé-suspension, Article L. 521-1 of the CJA): to suspend the execution of the decision on an urgent basis.
- Emergency liberty proceedings (référé-liberté, Article L. 521-2 of the CJA): for a serious and manifestly illegal infringement of a fundamental freedom.
Relevant Case Law
- The emergency judge can suspend the execution of a préfecture order denying a residence permit and order a reassessment of the situation (CAA Bordeaux, March 29, 2023, No. 22BX02743).
- Emergency liberty proceedings (référé-liberté) can be used to challenge a residence permit denial when it seriously infringes upon the right to respect for private and family life (CE, November 29, 2018, No. 425623).
- Exceptional admission to stay (Article L. 435-1 of CESEDA) can be invoked in parallel with an appeal against a permit denial based on private and family life (CAA Nantes, September 20, 2024, No. 24NT00590).
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