Algerians in France can now contest an Obligation to Leave the French Territory (OQTF) or a refusal of a residence permit without incurring the cost of a lawyer, thanks to legal aid. This aid, which covers all or part of the lawyer's fees, is available to those with modest incomes, regardless of their nationality. The Algerian community in France can benefit from this aid under the same conditions as other foreigners.
Until 2024, the law reserved legal aid for foreigners with a regular residence status. However, the Constitutional Council ruled on May 28, 2024, that this condition was unconstitutional, citing the principle of equality before justice. As a result, foreigners without a residence permit can now access legal aid if their income falls within the specified limits.
For 2026, the income threshold for full legal aid is €12,957 for a single person, while partial aid is available for those with incomes up to €19,433. The applicant's assets, including savings and real estate, are also taken into account. In cases where an individual does not have a tax assessment, the authorities consider twice the taxable income of the last six months, minus a 10% allowance.
To apply for legal aid, individuals must submit a completed Cerfa form (n° 16146) along with supporting documents, including a piece of identification and their latest tax assessment. The application can be submitted online via FranceConnect on the Ministry of Justice's website or by post to the legal aid office responsible for the relevant tribunal.
In urgent cases, the tribunal or its president can grant provisional admission to legal aid, enabling the lawyer to act without waiting for a final decision from the legal aid office. This provision is particularly important given the short deadlines for appealing OQTFs and refusals of residence permits.
The deadlines for contesting an OQTF are one month, seven days, or 48 hours, depending on the circumstances. Submitting an application for legal aid interrupts the deadline for appealing an OQTF, but not the shorter deadlines of seven days or 48 hours.
Applicants can choose their lawyer, provided they accept the case under the terms of legal aid, or have one appointed by the bar association. Associations specializing in immigrant rights, such as Cimade or Gisti, can also provide guidance on selecting a lawyer.
Key points
- Algerians in France can access free lawyers to contest OQTFs or refusals of residence permits through legal aid if their income falls within specified limits.
- The Constitutional Council's ruling in 2024 expanded access to legal aid for foreigners without a residence permit.
- The deadlines for contesting OQTFs and refusals of residence permits vary, and submitting an application for legal aid can interrupt these deadlines.
