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Chapter II: DECISIONS THAT MAY ASSORT THE DECISION REQUIRING LEAVING FRENCH TERRITORY

Article L612-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

A foreign national subject to a decision imposing an obligation to leave French territory has a period of voluntary departure of thirty days from notification of this decision.The administrative authority may exceptionally grant a period of voluntary departure longer than thirty days if it appears necessary to take account of circumstances specific to each case.It may extend the period granted for an appropriate period if it appears necessary to take…

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Article L612-2 of the French Code governing the entry and residence of foreign nationals and the right of asylum

As an exception to article L. 612-1, the administrative authority may refuse to grant a period of voluntary departure in the following cases:1° The foreign national’s behaviour constitutes a threat to public order;2° The foreign national has been refused the issue or renewal of his or her residence permit, the provisional document issued in connection with an application for a residence permit or his or her provisional residence authorisation on…

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Article L612-3 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The risk referred to in 3° of article L. 612-2 may be regarded as established, except in special circumstances, in the following cases:1° The foreign national, who cannot justify having entered French territory legally, has not applied for the issue of a residence permit;2° The foreign national has remained on French territory beyond the period of validity of his visa or, if he is not subject to the visa requirement,…

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Article L612-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Foreign nationals coming directly from the territory of one of the States party to the Schengen Agreement signed on 19 June 1990 may have 1° and 2° of article L. 612-3 applied to them if they cannot prove that they entered or remained in mainland France in compliance with the stipulations of paragraphs 1 and 2 of article 19, paragraph 1 of article 20 and paragraphs 1 and 2 of…

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Article L612-6 of the French Code governing the entry and residence of foreign nationals and the right of asylum

When the foreign national has not been granted a period of voluntary departure, the administrative authority will impose a ban on returning to French territory as part of the decision imposing an obligation to leave French territory. However, humanitarian circumstances may justify the administrative authority not issuing a prohibition on return.The effects of this prohibition cease on expiry of a period, set by the administrative authority, which may not exceed…

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Article L612-7 of the French Code governing the entry and residence of foreign nationals and the right of asylum

When the foreign national has remained in the country illegally beyond the deadline for voluntary departure, the administrative authority issues a re-entry ban. Humanitarian circumstances may, however, justify the administrative authority not issuing a prohibition on return.The effects of this prohibition cease on expiry of a period, set by the administrative authority, which may not exceed two years from enforcement of the obligation to leave French territory.

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Article L612-8 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Where the foreign national is not in a situation referred to in articles L. 612-6 and L. 612-7, the administrative authority may attach to the decision imposing an obligation to leave French territory a prohibition on returning to French territory.The effects of this prohibition cease on expiry of a period, set by the administrative authority, which may not exceed two years from enforcement of the obligation to leave French territory.

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Article L612-9 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Unless they have not complied with a previous decision requiring them to leave French territory or if their behaviour constitutes a threat to public order, articles L. 612-6, L. 612-7 and L. 612-8 do not apply to foreign nationals required to leave French territory on the grounds that the residence permit issued to them under articles L. 425-1 or L. 425-3 has not been renewed or has been withdrawn or…

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Article L612-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

To set the duration of the re-entry bans referred to in articles L. 612-6 and L. 612-7, the administrative authority shall take into account the length of time the foreign national has been present on French territory, the nature and length of his or her links with France, whether or not he or she has already been subject to a removal order and the threat to public order posed by…

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