French court cancels OQTF against Moroccan woman who came to help sick husband

This update focuses on OQTF Moroccan woman France. The administrative court in Marseille has cancelled a removal order against a 60-year-old Moroccan woman who came to France to assist her seriously ill husband, ordering the authorities to grant her a residence permit and pay €1,200 in compensation.

OQTF Moroccan woman France: what to know

At the heart of this OQTF Moroccan woman France case is a woman who legally entered France on 9 December 2023 with a short-stay visa. She came to join her husband, who holds a resident card valid until August 2027.

Her husband’s health had already deteriorated badly. He was rushed to hospital in October 2023 and was suffering from:

• diabetes that led to the amputation of a toe;
• multiple myeloma, a cancer of the bone marrow;
• several bone lesions;
• a fracture that caused compression of the spinal cord.

He underwent major surgery and spent several weeks in hospital between September and October 2025. According to his doctors, his wife’s daily presence had become essential.

An OQTF challenged before the court

Despite this medical situation, the Bouches-du-Rhône prefect refused, on 21 January 2026, the wife’s request for exceptional admission to stay. The decision ordered her to leave France within thirty days and designated Morocco as the country of return.

The Moroccan woman immediately challenged this OQTF before the Marseille administrative court. She argued that her removal would have particularly serious consequences for her husband, whose treatment requires heavy therapies and constant medical follow-up.

Her GP, oncologist and haematologist all stated that her presence at his side was essential for everyday tasks and for ensuring that treatments were properly followed.

The ruling by the Marseille administrative court

After examining the file, the Marseille administrative court sided with the applicant. In this OQTF Moroccan woman France case, the judges considered that expelling the wife would disproportionately undermine the couple’s situation, given the seriousness of the illnesses and the husband’s dependence on her.

The court therefore cancelled the OQTF, ordered the authorities to issue a residence permit to the Moroccan woman and ordered the state to pay her €1,200. This amount is meant to compensate for the damage caused by the prefect’s decision, which was deemed excessive in light of the circumstances.

What this means for Moroccan families facing illness abroad

This ruling is closely watched by many Moroccans living abroad, especially in France, where removal procedures are becoming more frequent. It shows that, even when an OQTF is issued, a legal appeal is possible when family life and serious health conditions are at stake.

For relatives who travel to Europe on a short-stay visa to help a sick family member, several points stand out:

• detailed and consistent medical certificates weigh heavily in the judge’s assessment;
• the stability of family life and the patient’s dependence on the accompanying person are key elements;
• a swift appeal before the administrative court is crucial in case of an OQTF.

This decision does not automatically change the rules for everyone, but it illustrates how judges can take into account the human reality behind administrative files.

Planning travel and paperwork for medical reasons

For Moroccans already settled in Europe who wish to bring a close relative to help them in case of serious illness, it remains important to:

• prepare a complete and up-to-date medical file;
• seek information on the residence procedures that best match their family situation;
• if needed, get support from a lawyer or a migrant support organisation.

Trips, returns to Morocco and extended stays for medical reasons can quickly become complicated from an administrative point of view. This this case case is a reminder that defending one’s rights depends on solid evidence and a clear understanding of available legal remedies.

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

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