Appeal cancels OQTF in Toulouse: what it means for Moroccans in France

A recent Toulouse OQTF ruling has overturned an expulsion order against a Moroccan woman, underlining that removal from France is not always inevitable for Moroccans living there with an insecure status.

Toulouse OQTF ruling: what to know

The woman, a Moroccan national, says she last entered France on 12 August 2017 at the age of 26, with a Schengen visa. The courts, however, only considered her continuous presence in France proven from July 2021.

Since at least 1 January 2022, she has been living with a Moroccan partner who holds a lawful status in France. He has held successive residence cards marked “private and family life” and works under an open-ended employment contract.

The couple’s daughter was born in France on 3 August 2022. They later married on 11 March 2023.

Despite this family situation, the Haute-Garonne prefecture rejected her request for exceptional admission to stay on 13 August 2024, issued an obligation to leave French territory (OQTF) within 30 days and named Morocco as the country of return.

She challenged the decision before the Toulouse administrative court. On 17 June 2025, the court dismissed her claim. She then lodged an appeal.

An appeal court that reverses the prefecture’s decision

On 17 September 2026, the Toulouse administrative appeal court took the opposite view of both the prefect and the first-instance judges. In this key Toulouse OQTF ruling, the judges based their decision on several decisive elements.

• Genuine cohabitation with a partner who has legal status in France;
• The husband’s professional stability through a permanent job contract;
• The child’s birth in France, more than two years before the prefect’s order.

For the court, the authorities had not properly considered the family life already established in France. It found that expulsion would cause a disproportionate infringement of the right to respect for private and family life.

As a direct consequence, the court ordered the French administration to issue a residence permit to the Moroccan woman instead of forcing her to return to Morocco.

What this means for Moroccans living in France

This Toulouse OQTF ruling does not create a new law, but it illustrates several important points for Moroccans based in France with fragile or expired documents.

First, it shows that a prefectural decision is not the final word. Both the administrative court and the appeal court can review it, especially when a stable family life has been built in France.

It also highlights the weight of concrete factors such as:

• the actual length of stay in France, even if recognised only from a certain date;
• the partner’s lawful status and professional integration;
• the child’s birth in France and future schooling;
• the timing of these events compared with the OQTF decision.

For Moroccan families who split their lives between France and Morocco or plan frequent trips home, the case is also a reminder of the risks: an irregular or unstable status can make it harder to re-enter France after a long stay in Morocco. Before planning an extended visit or multiple returns, it is safer to secure residence status as much as possible.

Finally, the case shows that even after losing before the administrative court, an appeal remains possible. It does not guarantee success, but in some situations it can completely change the outcome and prevent forced return to Morocco.

Appeals are possible, but not automatic

Every OQTF case remains specific. This decision from Toulouse does not mean that all expulsion orders against Moroccans will be cancelled, or that any couple with a child born in France will obtain papers.

For Moroccans in France, the ruling mainly highlights the need to document in detail their length of stay, their relationship, employment situation and family life. These are the elements that, taken together, can convince a judge to suspend or overturn an expulsion order.

Practical guides on procedures and appeals, including those provided by specialised platforms, remain useful tools to anticipate the impact of legal decisions on life projects shared between France and Morocco.

For more context, readers can follow Canal212 news for Moroccans abroad.

For official updates, readers can check the relevant official source.