Moroccan Hairdresser’s OQTF Upheld Despite Years of Work and Permanent Contract
A Moroccan hairdresser who has lived in France since 2019 worked for three companies and secured a permanent contract in June 2023. Despite the pay slips and family ties he presented to the court, the Lille Administrative Court has upheld his order to leave France (OQTF).
Originally from Meknès, the man, born in 1991, arrived in France on February 2, 2019, with a short-stay Schengen visa. By December, he had started working as a hairdresser. His pay slips document part-time work until December 2021, followed by full-time work from January 2022 to March 2023. In June 2023, he secured a permanent contract, still in the same sector.
On Bladi.net : Four Years on a Permanent Contract and Dozens of Payslips: This Moroccan Man Remains Under an OQTF
On November 17, 2023, he asked the Pas-de-Calais prefecture for exceptional admission to stay on the grounds of his private and family life or, failing that, as an employee. The administration rejected his application on February 24, 2025, and ordered him to leave France within 30 days. The Moroccan man then took his case to court, seeking to have the decision overturned and to be issued a residence permit.
The 1987 Franco-Moroccan agreement at the heart of the case
In its ruling of October 28, 2026, the Lille Administrative Court recalled that the Franco-Moroccan agreement of October 9, 1987, governs the conditions for issuing employee residence permits to Moroccan nationals. The hairdresser therefore cannot rely on Article L. 435-1 of the Code on the Entry and Residence of Foreigners to obtain regularization as an employee.
The prefecture nevertheless retains the power to grant a residence permit on an exceptional basis after assessing the applicant’s personal and professional circumstances. This discretion had notably enabled a Moroccan cook to have his OQTF overturned and obtain an employee residence permit after several years of work.
In the hairdresser’s case, the judges examined evidence of his professional integration and statements from his brother and nephew attesting to their close ties. They also noted that he is single, has no dependents in France, and that part of his family still lives in Morocco, where he lived until the age of 28. According to the court, his work and personal ties do not constitute exceptional grounds justifying regularization.
The applicant also challenges an unfavorable opinion issued by the foreign labor services. The judges found that the prefecture had relied on several factors in reaching its decision. They also rejected his argument concerning respect for private and family life.
On Bladi.net : France Regularizes Workers in Shortage Occupations, but a Franco-Moroccan Agreement Closes the Door
The court ultimately dismissed his entire appeal. The refusal of a residence permit and the OQTF of February 24, 2025, were upheld, as was the 30-day voluntary departure period set by the prefecture. The court also rejected his request to compel the administration to issue him a residence permit or reconsider his case.
