New French Immigration Law Tightens Schengen Visa Rules for Previous Deportees

Little known to foreign visa applicants, this new reason for refusing Schengen visas is related to the obligations to leave French territory (OQTF) issued before the application, reports TSA Algérie. "Visas [...] are not issued to a foreigner who has been subject to an obligation to leave French territory for less than five years and does not provide proof that he has left French territory within the time limit granted to him," stipulates Article L312-1 A of the Immigration Act.

"In cases where humanitarian circumstances [...] are found after an individual examination of the foreigner’s situation, the first paragraph of this article shall not apply," adds the same article. Consequently, foreign Schengen visa applicants in France have the possibility to contest the refusal decision by filing an appeal within the time limits provided for by French law. These appeals, in most cases, can have a favorable outcome, according to a lawyer specializing in immigration law.

Thus, the refusal decision can be annulled if the applicant provides proof of the existence of "humanitarian circumstances justifying its validity," details the expert, stressing that personal and family circumstances could also be taken into account. For the record, foreigners who have already been subject to a "judicial ban from the territory", "an expulsion decision" and "a ban on returning to French territory" are not authorized to file visa applications. Moreover, the new immigration law of January 26, 2024 has tightened the conditions for entry and stay of foreigners and the right of asylum on French territory.