Two prefectures sought to keep him out of France: this Moroccan father of two French children gets all decisions overturned

The Pau Administrative Court overturned, on September 11, five measures taken against this 28-year-old Moroccan national. The court has now ordered the Pyrénées-Atlantiques prefecture to renew his residence permit, according to the Pau Administrative Court ruling.

Having arrived in France in February 2020 with a short-stay visa, the man had been issued a first order to leave the territory in July 2021. He married a French woman two months later. The couple has since had two children, born in July 2022 and November 2023, both French nationals.

After initially receiving a temporary permit, the father obtained a multi-year residence card valid until December 2025. He applied to renew it in August 2025 as the parent of French children.

The Pyrénées-Atlantiques prefecture nevertheless rejected his application on June 10, 2026, issued him an OQTF with a thirty-day departure period and designated Morocco as the country to which he would be returned. On August 31, following a traffic stop, the Puy-de-Dôme prefecture also banned him from returning to France for one year. That same day, he was placed under house arrest in Oloron-Sainte-Marie for 45 days.

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The authorities primarily cited his conviction, in January 2025, to 18 months in prison, including 12 months suspended with probation, for using and transferring narcotics without authorization, as well as for refusing to provide his phone’s unlock code.

The prefecture also mentioned several incidents dating back to 2021, including a theft and suspicions of a fraudulent marriage. The court nevertheless noted that these cases had not resulted in any conviction and that the Moroccan man had been acquitted regarding the marriage of convenience.

A conviction deemed insufficient to deport him

For the judges, the sole criminal conviction, although recent and serious, was not sufficient to establish that his presence still constituted a threat to public order. The prefecture had provided no precise information about the circumstances of the offenses and had not demonstrated any broader involvement in drug trafficking.

Moreover, no new offense had been alleged against him since his release from detention. The man had found a permanent job as a truck driver and had stable income, factors the court considered likely to reduce the risk of reoffending.

The Moroccan man also submitted invoices covering six months of purchases of food and baby products, photographs and several testimonies. His wife explained that he covered the household expenses, drove the children to school, attended meetings with teachers and spent his weekends with his family.

These elements convinced the court that he was genuinely contributing to the care and education of his two French children. A situation reminiscent of another Moroccan man who obtained his residence permit and 1,200 euros after the Paris prefecture’s decisions were overturned.

The court therefore annulled the refusal of residence, the OQTF, the designation of Morocco as the destination country, the one-year ban on returning and the house arrest order. The prefecture must issue him a temporary residence authorization with the right to work within fifteen days, and then renew his residence permit within two months.

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The state must also pay him 1,500 euros for his legal costs. In July, the same court had nevertheless refused to urgently suspend the prefectural decision. Less than two months later, a full examination of the case ultimately allows him to retain his right to stay in France.