The prefecture demanded a condition not required by law: this Moroccan man overturns his entire OQTF
The Eure prefecture had cited, among other things, the end of his registration with France Travail to refuse a Moroccan man a residence permit and issue him an OQTF. The Rouen Administrative Court annuls the entire prefectural order.
Born in 1997, the Moroccan national arrived in France on 7 October 2016 with a long-stay visa. From September 2018, he obtained several “student” residence permits, renewed until 29 January 2024, according to the judgment handed down on 10 September 2026 by the Rouen Administrative Court.
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His university studies led him to earn a master’s-level degree from Skema Business School in January 2023. From January to June 2024, he also completed training as a humanitarian programme coordinator.
On 5 June 2025, he applied for a residence permit bearing the designation “job search or business creation.” This permit allows certain former students with at least a master’s-level qualification to stay in France for one year to gain their first professional experience or start a business related to their training.
The Eure prefect rejected his application on 22 August 2025. It also ordered him to leave France within thirty days, designated the country to which he would be sent and imposed a one-year entry ban if he failed to leave within the deadline.
The administration noted, among other things, that the Moroccan man had no longer been registered on the jobseekers’ list since 11 June 2025, six days after he submitted his residence permit application.
France Travail registration is not a condition required by law
The court rejected this ground. No legislative or regulatory text requires applicants to be registered with France Travail to obtain a “job search or business creation” permit. The judges also specified that this scheme for former students applies to Moroccan nationals.
The prefecture then attempted to defend its refusal by arguing that the man had been in an irregular situation between the expiry of his student permit on 29 January 2024 and his new application in June 2025.
However, the case file shows that he had an attestation extending the processing of his application, authorising him to stay in France from 12 February 2024 to 11 June 2025. Nor does any text require a master’s-level degree to have been obtained within a specific period before applying.
The court therefore ruled that the prefect had made an error of law. The refusal of residence falls, leading to the annulment of the OQTF, the decision designating the country of return and the entry ban. This is a different outcome from that of the Moroccan man whose four applications for work authorisation were closed before his OQTF.
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The court does not order the immediate issuance of the requested permit. The prefecture must reconsider the case within two months and, in the meantime, provide the Moroccan man with temporary residence authorisation. The State will also pay 1,000 euros to his law firm, provided that it waives the portion corresponding to legal aid.
