Main 2013 Study
Migrant Access to Social Security and Healthcare in France
French Contact Point for the European Migration Network
February 2014
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 2 of 60
PRESENTATION OF THE FRENCH CONTACT POINT
Contacts
- Marie-Hélène AMIEL : [email protected] Head of Department for Statistics, Studies and Documentation
- Raymond PRATS : [email protected] Deputy Head of Department
- Ophélie TARDIEU : [email protected] Coordinator of the French National Contact Point
- Caroline MULLER : [email protected] Policy officer within the European Migration Network
- Anne-Cécile JARASSE: [email protected] Policy officer within the European Migration Network
Address Point de contact national du Réseau européen des migrations Département des statistiques, des études et de la documentation Direction générale des étrangers en France Ministère de l’Intérieur Place Beauvau 75800 Paris Cedex 08
Internet sites - Official EMN website (in English): www.emn.europa.eu - French National Contact Point of EMN website: http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-migrations-REM
French Contact Point: In France, the National Contact Point (NCP) for the European Migration Network (EMN) is attached to the Directorate-General for Foreign Nationals in France of the Ministry of the Interior.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 3 of 60
MIGRANT ACCESS TO SOCIAL SECURITY AND HEALTHCARE IN
FRANCE
Study conducted by the French National Contact Point
for the European Migration Network (EMN)
February 2014
Disclaimer:
The FR EMN NCP has provided information that is, to the best of its knowledge, up-to-date,
objective and reliable within the context and confines of this study. The information may thus not
provide a complete description and may not represent the entirety of the official Policy of France.
The FR EMN NCP accepts no responsibility or liability whatsoever with regard to the use made of
the information contained in this study.
The European Migration Network was created up by the Council Decision 2008/381/CE and is
coordinated by the European Commission.
The French National Contact Point for the EMN is funded by the European Union and the
Directorate-General for Foreign Nationals in France of the Ministry of the Interior.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 4 of 60
LIST OF ACRONYMS
- CAF: Family Benefit Fund (Caisse d'allocations familiales)
- CESEDA: Code on Entry and Residence of Foreigners and Right of Asylum (Code de
l'entrée et du séjour des étrangers et du droit d'asile)
- CLEISS: European and International Social Security Liaison Centre (Centre des liaisons
européennes et internationales de Sécurité sociale)
- CNAV: National Old-Age Insurance Fund (Caisse nationale d'assurance retraite)
- CPAM: Primary Health Insurance Fund (Caisse primaire d'assurance maladie)
- MISSOC : Mutual Information System on Social Protection
(Système d'information mutuelle sur la protection sociale)
- RSA: Active Solidarity Income (Revenu de solidarité active)
- ESSPROS: European System of Integrated Social Protection Statistics (Système européen de
statistiques intégrées de la protection sociale (SESPROS)).
- SMIC: Statutory Minimum Wage (Salaire minimum interprofessionnel de croissance)
- PPS: Purchasing Power Standard (Standard de pouvoir d'achat (SPA)
- EU-SILC: European Union Statistics on Income and Living Conditions (Statistiques de
l’Union européenne sur le revenu et les conditions de vie (SRCV-UE))
- VLS-TS: Long-stay visa equivalent to a residence permit (visa de long séjour valant titre de
séjour)
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 5 of 60
SUMMARY
EXECUTIVE SUMMARY ........................................................................................................... 8
1. INTRODUCTION: OBJECTIVES, METHODOLOGY AND DEFINITIONS ............... 11 1.1 Objectives................................................................................................................................. 11 1.2 Definitions ................................................................................................................................ 12 1.3 Methodology ............................................................................................................................ 12
2. OVERVIEW OF THE NATIONAL SOCIAL SECURITY SYSTEM AND HOW IT
APPLIES TO MIGRANTS FROM THIRD COUNTRIES .................................................... 15 2.1. Overview of social security benefits and programmes and their financing mechanisms ...... 15
2.1.1 The social security system in France............................................................................... 15 2.1.2. Other social security benefits not included in the MISSOC .......................................... 23
2.2. Link between policies in relation to social security and to immigration in France ................ 23
2.3. Changes to the eligibility rules for social security programmes and benefits ........................ 23
3. NATIONAL RULES FOR ACCESS TO SOCIAL SECURITY BY THIRD-COUNTRY
NATIONALS ............................................................................................................................... 24
3.1. Minimum residence period ..................................................................................................... 24 3.2. “Exportability” of benefits ...................................................................................................... 25
3.3. Minimum employment and contribution period ..................................................................... 25 3.4. Immigration-specific conditions ............................................................................................. 26
3.5. Other required conditions ........................................................................................................ 27
4. ADMINISTRATIVE PRACTICES THAT AFFECT THIRD-COUNTY NATIONALS’
ACCESS TO SOCIAL SECURITY .......................................................................................... 28 4.1. The application of discretionary criteria, such as the habitual residence condition ............... 28
4.2. Factors taken into account ....................................................................................................... 28 4.3. Application of discretionary criteria: circulars, guidelines, officer training ........................... 28 4.4 Link between a claim for social benefits and residence permit renewal, application for
naturalisation or for family reunification ....................................................................................... 29
4.5. Translation and other forms of support available to third-country nationals .......................... 30
5. EXTERNAL DIMENSION OF SOCIAL SECURITY ....................................................... 32 5.1. List of bilateral agreements for coordination on social security that exist between France and
third countries ................................................................................................................................ 33 5.2. Presentation of bilateral social security agreements concluded between France and third
countries ......................................................................................................................................... 36
5.3. Examples of third-country nationals who have invoked their rights under the bilateral social
security agreements reached between France and third countries ................................................. 39
6. CASE-STUDIES ...................................................................................................................... 40
7. STATISTICS ON SOCIAL SECURITY PAYMENTS RELATED TO MIGRATION .. 42 7.1. Statistics on employment, unemployment and inactivity in France ....................................... 42
7.2. Statistics and research on the take up of social security benefits among third-country
nationals. ........................................................................................................................................ 46 7.3. Cost of social security benefits in France ............................................................................... 48
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 6 of 60
8. CONCLUSION: KEY FINDINGS ........................................................................................ 51
ANNEXES .................................................................................................................................... 52 ANNEX 1. LIST OF INTERVIEWS CARRIED OUT ................................................................. 52
ANNEX 2. TABLES AND GRAPHS ........................................................................................... 53 1. Employment ......................................................................................................................... 53 2. Unemployment ..................................................................................................................... 54 3. Inactivity .............................................................................................................................. 55
ANNEX 3. BIBLIOGRAPHY ....................................................................................................... 58
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 7 of 60
TABLES AND GRAPHS
Table 1: Employment rate of French, other EU Member States and third-country nationals
between 2008 and 2012 (%)............................................................................................................. 43
Graph 1: Trends in employment rates of French, EU Member States and third-country
nationals, 2008-2012 (%) ................................................................................................................. 43
Table 2: Unemployment rates for French, other EU Member States and third-country
nationals between 2008 and 2012 (%) ............................................................................................ 44
Graph 2: Trends in unemployment rates of French, other EU Member States and third-
country nationals between 2008 and 2012 (%) .............................................................................. 45
Table 3: Inactivity rate of French, other EU Member States and third-country nationals
between 2008 and 2012 (%)............................................................................................................. 45
Graph 3: Trends in inactivity rates for French, other EU Member States and third-country
nationals between 2008 and 2012 (%) ............................................................................................ 46
Table 4: Social security expenditure classed by type of benefit in 2010 (in PPS per inhabitant
and euro per inhabitant).................................................................................................................. 49
Graph 4: Share of social security expenditure by type of benefit in 2010 (PPS per inhabitant)
............................................................................................................................................................ 50
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 8 of 60
EXECUTIVE SUMMARY
At a time when European Union Member States are confronted with major challenges linked to
ageing populations and increasing labour market volatility, the question of the adaptation of social
security and healthcare systems has particular importance for migrant populations. Immigration of
third-country nationals within the EU is increasing and becoming more complex, with different
migration types, durations and multiple migrant categories. New challenges must be met to adapt
social security systems to address the needs of migrant workers and members of their families. They
often face obstacles, starting with the complexity of national rules and more or less restrictive
access conditions depending on the country. Nonetheless, the adaptation of national social security
systems can be perceived as an important element in strategies aimed at attracting foreign workers
within the EU.
Access to social security for third-country nationals in EU Member States represents a particularly
important challenge, as they may lose their rights to social security benefits and healthcare in their
home country due to their absence, whilst at the same time as being confronted with restrictive
access conditions to benefits in their destination country.
The EU recognises the importance of access to social security for the integration of third-country
nationals in the destination country. In 1999, the Tampere European Council called on Member
States to develop more dynamic integration policies that aim to grant third-country nationals, who
reside legally on their territory, rights and obligations comparable to those of EU citizens. In 2011,
this commitment was enshrined in the "Single Permit" Directive1 , which provides that third-
country nationals working legally within the EU enjoy common rights, similar to those of EU
nationals with regard to working conditions, pensions, social security and access to public services.
Long-term residents and researchers enjoy similar provisions under Directives 2003/109/CE and
2005/71/CE.
However, with the exception of several categories such as single permit holders, long-term residents
and researchers, the equal treatment of third-country nationals with regard to social security
provisions is determined by individual Member States, and there is considerable variation in
entitlements to social benefits. The impact analysis drafted by the European Commission in 2007 on
the proposal of a single permit and a common set of rights for third-country nationals2 shows that
there is a difference between the rights of workers from third countries and those of nationals or
long-term EU residents. The analysis also reveals that rights may be different depending on the
nationality of third-country workers and the Member State in which they are staying.
In a communication published in 20123, the European Commission also encouraged the
reinforcement of coordination for social security between Member States and third countries,
highlighting that migrants and companies in third countries are often confronted with different
social security systems, which make their installation and movements within the European Union
more complicated.
1 Directive 2011/98/EU of the European Parliament and Council of 13 December 2011 establishing a single request
procedure for a single permit authorising third-country nationals to live and work in a Member State and establishing a
common set of rights for workers from third countries who are legally resident in a Member State. 2European Commission services working document, document accompanying the Council directive proposal
establishing a single request procedure for a single permit authorising third-country nationals to live and work in a
Member State and establishing a common set of rights for workers from third countries who are legally resident in a
Member State. 3 COM(2012)153final of 30.03.2012, Communication from the Commission to the European Parliament, the Council,
the European Economic and Social Commission and the Committee of the Regions, The external dimension of EU
Social Security coordination.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 9 of 60
Recognising that experiences of third-country nationals vary considerably in different Member
States, the objective of this study is to identify the policies and administrative practices that
determine access to social security and healthcare for third-country nationals. Depending on
the country, access conditions may be linked to nationality, employment periods, contribution
duration, or residence. The question of the exportability of rights is also considered differently in
different Member States. Access conditions to different social benefits may also vary according to
the category of migrant.
The French Social Security system, based on a 'Bismarkian' model, was created by executive order
on 4 and 19 October 1945. The 4 October 1945 order, in particular, created a general 'regime',
bringing together all workers (employees in the private and public sectors, agricultural workers,
self-employed workers and specific sectors of activity), whilst recognising the continuation of some
specific pre-existing social security systems, known as "special regimes".
Migrant access to social security and healthcare in France is closely linked to the socio-economic
context, with the initial objective being to facilitate immigration of foreign workers in France to fill
workforce needs. Introduced in the 1980s for family benefits, the condition of legal residence was
generalised by the law of 24 August 1993. In accordance with Article L.115-6 of the Social Security
Code4, the residence permit is the determining factor for access to social security for a third-
country national who has come to live in France. Subject to being declared to the authorities for
work and being legally resident, third-country nationals broadly benefit from the same rights to
social security as French citizens.
In accordance with the principles of freedom of movement and equality of treatment, European
nationals affiliated to the social security system in France benefit from the same rights as French
nationals5.
This study is based on research work and interviews with the main stakeholders (section 1). It is
the first study on this subject within the framework of the European Migration Network.
The study will first describe the social security system in France and provide an overview of the
rules that determine rights to social security and healthcare for third-country nationals (section 2). A
foreign national affiliated to the social security system as an employed worker comes under general
law. As long as he holds a valid residence permit and fulfils the habitual residence test, he will not
be discriminated against for access to social security.
The study will then analyse in more detail the conditions of access for third-country nationals to
social security in France (section 3). The aim is to examine if there is a difference between
categories of third-country nationals on the one hand, and between French nationals and third-
country nationals on the other.
The following section aims to examine if Member States apply discretionary conditions to
determine eligibility of third-country nationals to social benefits (section 4). Whilst the French
system is not based on discretionary criteria, several obstacles may be observed linked to the rules
and practices of different administrations.
Bilateral agreements for social security coordination aim to facilitate worker mobility and
guarantee continuity of social security rights (section 5). Nearly 40 agreements of this type have
been signed between France and third countries, as part of economic relations which have varied
over time. The first agreements, signed mainly with former colonies, aimed to facilitate the
immigration of a foreign workforce to France and ensure that those workers received certain
4 "Foreign nationals can only be affiliated to an obligatory social security regime if they are in a legal situation with
regards to legislation on residency and work in France or if they hold a receipt of renewal for a residence permit".
(Article L.115-6 of the Social Security Code) 5 It is important to note that access rules are different depending on the status of the European national (for example:
worker, student, unemployed workers or retired person).
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 10 of 60
benefits, notably old-age pensions, when they returned to their home country. A new series of
agreements was signed in the 2000s to accompany the growth in exchanges with OECD countries
and encourage mobility of managers in large companies.
Using three case-studies, the aim is then to better understand, in practice, rights and access rules to
social security for third-country nationals within each Member State (section 6).
The statistical data presented in the following section will enable the comparison of situations of
third-country, French and other EU nationals (section 7). The objective is to focus on the number of
employed, unemployed and inactive people, study how third-country nationals use benefits and
estimate the cost of social security benefits destined for this population.
The executive summary, drafted on a European scale from studies by the EMN National Contact
Points, will provide a comparative analysis, between EU Member States, of the administrative
rules and practices related to access to social security for third-country nationals. The report
also aims to compare the rights of third-country nationals with those of nationals of the Member
State in which they live. It will highlight best practices and identify the remaining challenges faced.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 11 of 60
1. INTRODUCTION: OBJECTIVES, METHODOLOGY AND DEFINITIONS
This study aims to better understand the policies relating to social security access for third-country
nationals and their families within European Union Member States. Whilst several ad hoc queries6
have already been conducted on this subject by the EMN National Contact Points, this is the first
study by the European Migration Network on this theme.
1.1 Objectives
This study is intended for policymakers, experts, researchers and all other stakeholders having an
interest in issues linked to migrant access to social security benefits and healthcare.
The study has several objectives:
- Provide an overview of access conditions to social security and healthcare for third-
country nationals in France;
- Compare the rights of third-country and French nationals7 ;
- Identify eligibility rules to benefits in the different social security branches and analyse
administrative practices that determine access to social security, from the example of the
"habitual residence" criteria or other eligibility rules containing discretionary conditions;
- Review bilateral agreements for coordination on social security that exist between
France and third countries.
The study will concentrate on the rules, institutions and administrative practices that determine
access to social security and healthcare for third-country nationals only. More precisely, the study
will concentrate on two main categories of third-country nationals: those holding long-term
residence permits and those holding fixed-term residence permits:
- The first category includes two sub-categories: long-term residents as provided for under
Articles 4 to 7 of Directive 2003/109/CE8 and long-term residents as defined by national
legislation9.
- Third-country nationals who fall within the second category are distinguished by their
'status' as: workers (including EU Blue Card-holders, researchers, seasonal workers, cross-
border workers and workers with any other type of fixed-term residence status), self-
employed workers, unemployed persons and family members of third-country nationals.
Depending on the Member state, benefits may not be accessible to all these categories. The study
will attempt to analyse these differences.
Several categories of third-country nationals are not included in this study for several reasons:
- Mobile third-country nationals, including cross-border workers and those who have been
posted and transferred from one Member State to another, as social security and healthcare
rights of these third-country nationals are covered by the EU's social security coordination
rules. The Regulation (EU) no.1231/201010 extended these rights to third-country nationals
in a cross-border situation, their family members and survivors.
6 See http://ec.europa.eu/dgs/home-affairs/what-we-
do/networks/european_migration_network/reports/adhocqueries/index_en.htm 7 The comparison does not extend to "mobile" EU citizens, i.e. EU citizens who move to live in a second EU Member
State, and whose rights are governed by European Social Security system coordination rules. 8 Directive 2003/109/CE of the Council on 25 November 2003 concerning the status of third-country nationals who are
long-term residents. 9 Resident and long-term-EU resident cards are valid for 10 years. 10 EU ruling no1231/2010 of the European Parliament and Council on 24 November 2010 aiming to extend the EC
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 12 of 60
- Students, whose rights to social security and healthcare have been analysed as part of a
recent EMN study on the immigration of international students in France11 ;
- Asylum seekers, refugees and victims of human trafficking are covered by specific rules;
- Tourists and other categories of visitors;
- Irregular migrants, which pose different challenges and have already been the focus of
other EMN studies;
Whilst this study concentrates on the situation of third-country nationals, social security and
healthcare rights for EU Member State nationals will also be analysed to examine if third-country
nationals are treated differently. This study will also observe if different criteria apply according to
the different migrant categories.
1.2 Definitions
The key terms used in this study are based on the definitions elaborated in the EMN glossary12.
A third-country national13 refers to any person who is not a European Union citizen, within the
meaning of Article 20, Paragraph 1 of the Treaty on the Functioning of the European Union, nor is a
person enjoying the Union right to freedom of movement as defined in Article 2 (5) of the
Schengen Borders Code.
The study will examine the discretionary nature of eligibility rules for certain social benefits. In
some Member States, officials responsible for examining benefit access requests may exercise a
power of appreciation, generally on the basis of an interview with the individual, to determine
whether the candidate meets the required criteria, taking into account his particular situation. The
"habitual residence criteria", which implies a close link between the candidate and the country in
which the benefits will be paid, is an example of a discretionary criterion. Whilst the term "habitual
residence" is not always defined in national or European regulations, the European Union Court of
Justice has established jurisprudence to ensure some coherence over the use of the term in Member
States, for example, by indicating that the duration, continuity and nature of the current residence,
the reasons which made the candidate come to a Member State and the "centre of interest" of the
candidate must be taken into consideration14. These factors still leave an important margin for
appreciation by officials in charge of the decision. Depending on Member States, the latter often
receive a code of conduct or other guidelines to guarantee that the term "habitual residence" and the
other appreciation criteria are applied in a coherent way to each candidate. In France, section 4
shows, however, that there are no discretionary criteria determining access to social benefits.
1.3 Methodology
This study is based on a series of interviews carried out in October 2013 with several stakeholders
as well as a varied collection of written sources.
ruling no. 883/2004 and the EC ruling no. 987/2009 to third-country nationals who are not already covered by these
rules solely because of their nationality. 11 European Migration Network studyImmigration of international students in France, September 2012 12 English version of EMN Glossary 2.0 13 Ibid. 14 Case C-90/97 Swaddling [1999] ECR I-1075; Case C-76/76 Di Paolo [1977] ECR 315, paragraphs 17 to 20, and Case
C-102/91 Knoch [1992] ECR, I-4341, paragraphs 21 and 23
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 13 of 60
The first interviews were conducted with representatives of the Community Affairs and
International Relations division of the Social Security Department15, attached to the Social Affairs
and Health Ministry. These enabled us to obtain a general overview of third-country nationals'
access to social security in France, before a more in-depth analysis of several study aspects, in
particular, the difficulties that may be encountered by third-country nationals during their social
security affiliation, the importance of the habitual residence criteria, and the history of bilateral
social security coordination agreements.
Interviews were then carried out with several representatives at the European and International
Social Security Liaison Centre (CLEISS)16. The objective was to develop certain study points, in
particular, social security and healthcare access rules for third-country nationals and bilateral social
security coordination agreements. The CLEISS statistical report17, including a section on foreign
workers in France, was a particularly useful source of information for this study.
This study was also carried out based on various information sources, including reports from
relevant organisations, national or international studies, press articles, social security information
portals and statistical sources.
Most international research on the link between immigration and social protection has considered
whether migrants receive more benefits than nationals. Contrasting with some public opinion
perceptions, considering migrants as a "social charge", existing research work reflects a more
complex reality.
In France, we note that relatively few studies or reports have been conducted on policies and
practices relating to migrants' access to social security. Several research works have been more
interested in the impact of immigration on public finances18, with the aim of dispelling certain
accepted ideas.
The statistical data analysed in this study was collected by Eurostat, complemented by the CLEISS
statistical report19.
Faced with the diversity of social security systems and the complexity of administrative regulations
and practices observed in Member States, it may seem difficult to carry out a comparative analysis
in this area. This study, therefore, is based on a common list of benefits, as presented in the guide
drafted by national MISSOC correspondents20, the Mutual Information system on Social Protection
15 The Social Security department is responsible for drafting and implementing social security policy. It supervises all
the Social Security organisations (General Social Security fund, Social Security funds for self-employed workers other
than agricultural workers, and special social security funds). It also participates in monitoring the supplementary
protection and mutuality organisations. Its general mission is to ensure the adequacy of Social Security benefits with the
population's needs, whilst ensuring the financial balance of the regimes. The SSD's missions also include significant
European and international dimensions. The Community Affairs and International Relations division is responsible for
carrying out negotiations and monitoring European and international commitments made by France in terms of social
security (bilateral conventions and coordination regulations). 16 Financed by the French social security regimes, the CLEISS acts as a liaison between the French and international
social security organisations for the application of Union regulations and bilateral and multilateral social security
agreements. Each year, it produces a statistical report that retraces the financial and human flows between States, as part
of international social security coordination. 17 European and International Social Security Liaison Centre, Statistical report, 2012 18 Chojnicki Xavier, Ragot Lionel, Immigration, demographic ageing and financing of social protection : an evaluation
of the general calculable balance applied to France, n°2011-13, CEPII, 2011 19 European and International Social Security Liaison Centre, Statistical report, 2012 20 The MISSOC (Mutual Information System on Social Protection) is the information system established by the
European Union to provide complete, comparable and regularly updated data on national social protection systems,
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 14 of 60
set up by the European Union. Each EMN National Contact Point is asked to review the eligibility
of third-country nationals for social security and healthcare based on this list. The categorisation of
social security benefits in 11 groups or "branches" dedicated to specific "risks" provides a basis for
presenting the variety of social security benefits that exist in each Member State21 and providing a
pertinent comparative analysis at a European level. The 11 branches are:
- Healthcare
- Sickness cash benefits
- Maternity and paternity benefits
- Invalidity benefits
- Old-age pensions and benefits
- Survivors' benefits
- Benefits in respect of accidents at work and occupational diseases
- Family benefits
- Unemployment benefits22
- Guaranteed minimum resources
- Long-term care benefits
By presenting an overview of the rules and practices that determine access for third-country
nationals to social security in France, and identifying the challenges and obstacles to which they
may be confronted, this study has an interest for policymakers, administrations responsible for these
questions and the wider public with an interest in this subject.
available in English, French and German. The MISSOC publishes comparative tables on social protection covering 32
countries.
The MISSOC guides explain the rights of EU citizens who move from one Member State to another, as a result of
Regulation (EC) no. 883/04 on the coordination of social security systems. 21 With the exception of "guaranteed minimum resources", these "branches of social security" are covered by Article
3(1) of Regulation (EC) no. 883/04 on the coordination of social security systems. For the purposes of Regulation (EC)
no. 883/04, benefits which fall under the category of "guaranteed minimum resources" are considered social assistance
and are not subject to EU coordination rules. 22 Please refer also to Decision C-443/11 of the European Court of Justice on unemployment benefits.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 15 of 60
2. OVERVIEW OF THE NATIONAL SOCIAL SECURITY SYSTEM AND HOW
IT APPLIES TO MIGRANTS FROM THIRD COUNTRIES
This section provides an overview of the national systems of social security in Member States, and
more particularly the benefits accessible to third-country nationals. It aims to establish a list of
programmes and benefits available in Member States, to analyse their financing mechanisms
(contributory, non-contributory or mixed) and to determine which are accessible to third-country
nationals.
Significant variations exist in the organisation and financing of social security systems in EU
Member States. While no common policy exists with regard to social security, the Mutual
Information System on Social Security (MISSOC) provides a common way of categorising the
variety of social security benefits and programmes that exist in each Member State.
2.1. Overview of social security benefits and programmes and their financing
mechanisms
Different combinations of social security regimes are possible in Member States, based on
contributory or non-contributory financing mechanisms. Contributory social security regimes are
financed by national social contributions paid by employers and employees, whereas non-
contributory regimes are financed by general fiscal revenues.
In France, social benefits have mixed financing, although they tend to be based more and more on
taxes, instead of contributions. It may be noted that non-contributory benefits, i.e. those benefits
provided without contributions, are linked to a condition of continuous, legal residence.
The logic of non-contributory protection, based on the idea of legal residence and not on the
exercise of paid work, was introduced progressively, with first the creation of a minimum old-age
pension, and then the extension to people with difficulties in entering or remaining in employment.
2.1.1 The social security system in France
In France, the social insurance system is compulsory. Affiliation is based firstly on an employment
criterion, and secondarily on a residence criterion. The system is financed both by contributions and
taxes.
The French social security system is made up of a number of 'regimes', managed by the different
social security funds.
a) Organisation and management of Social Security in France23
Four types of risks can be distinguished, forming the four "branches" of Social Security:
- the sickness branch (sickness, maternity, paternity, invalidity, death):
The Social Security sickness branch covers healthcare expenses for sick insured persons and
guarantees access to treatment. It is managed by the three main health insurance regimes - the
general regime (National Sickness Insurance Fund for Employees (CNAMTS)), the agricultural
regime (Agricultural Social Mutual Benefit Fund (MSA)) and the Social Protection Scheme for
Self-employed workers (RSI), - the three of which are grouped within the National Union of Health
Insurance Funds (UNCAM).
23 Source: the Social Security public service portal: http://www.securite-sociale.fr
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 16 of 60
- the family branch (including disability and housing):
The Social Security family branch manages family benefits. Its main task is to reduce inequalities in
living standards for households, taking into account the number of children. Support provided by
the family branch covers 4 main areas: support for families in their everyday life, early childhood,
access to housing and the fight against insecurity or disability.
For the general regime, the family branch is managed by a network formed by the National Family
Benefit Fund (CNAF) and all the local Family Benefit Funds (CAF). The family benefits for the
agricultural regime are managed by the MSA.
Family risks are managed by some special regimes: National Fund for Electricity and Gas Industries
(CNEIG), the SNCF (railways) and RATP (Paris transports) insurance and pension funds.
- the work-related accidents and occupational diseases branch (AT/MP):
The AT/MP branch manages work-related risks to which employees may be exposed.
It is often managed by the same organisations as the sickness branch. For the general employee
regime, management of work-related risks is delegated to the Commission for Accidents at Work
and Occupational Diseases (CAT/MP) of the National Sickness Insurance Fund for Employees
(CNAMTS).
Some regimes, including the SNCF (railways) and EDF-GDF (electricity-gas), have their own
special social security organisations, but come under the general regime for all or part of their risks.
- the retirement branch (old-age and widowhood):
All the compulsory basic or supplementary pension regimes in France are based on the pay-as-you-
go principle. The regimes redistribute as pensions to retired people the contributions collected from
active workers the same year.
The retirement branch is mainly managed by the National Old-Age Insurance Fund (CNAV) for the
general regime, the RSI for self-employed workers, the MSA for agricultural workers and the
different special regimes.
The contributions and collection branch carries out treasury management for Social Security.
More precisely, this branch collects the Social Security contributions and taxes from companies,
individuals, etc, which are then redistributed to the Social Security Funds to finance benefits.
The national collection fund for the Social Security general regime is the Central Agency for Social
Security Bodies (ACOSS). Treasury management is also carried out by the Agricultural Social
Mutual Benefit Fund for the agricultural regime and by Agirc-Arrco for supplementary pension
schemes.
The French Social Security regime24 includes five main groups:
- the general regime, which covers most employees and other categories, such as students,
beneficiaries of certain benefits, simple residents;
- special employee regimes, of which some cover all risks, and others only old-age risks
(with beneficiaries coming under the general regime for the other risks);
- the agricultural regime, covering all risks, but distinguishing between farmers and
agricultural employees;
24 MISSOC Guide, Your Social Security rights in France, European Commission, 2012
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 17 of 60
- non-agricultural self-employed workers regimes: three autonomous regimes of old-age
insurance (craft workers, traders and industrials as well as liberal professionals) and a
sickness insurance regime;
- the unemployment regimes and compulsory supplementary pension regimes.
b) Social Security Institutional framework
The main Social Security institutions are the Social Security Funds and supervising organisations,
broken down as follows:
- The Social Security Funds
The Social Security Funds for the different regimes25 are responsible for financial assistance for the
different risks (sickness, family, retirement, work-related accidents/occupational diseases). The
Social Security organisations are private bodies mandated to carry out a public service function.
The different Social Security regimes and funds 26
The French Social Security system is composed of several different regimes: the general regime, the
agricultural regime, the self-employed regime and the special regimes:
The general regime, which covers most employees, is a broad network comprising four national
funds and numerous organisations:
- The Central Agency for Social Security Bodies (ACOSS) includes the Social Security and
Family Benefit Contribution Collection Offices (URSSAF) and the General Social Security Fund
(for French Overseas Departments and Territories). ACOSS is responsible for redistributing funds
destined for financing the benefits for the 4 branches (sickness, family, retirement, work-related
accidents/occupational diseases).
- The National Family Benefit Fund (CNAF), represented at a local level by Family Benefit
Funds (CAF).
- The National Sickness Insurance Fund for Employees (CNAMTS), is made up of the Primary
Health Insurance Fund (CPAM), the Old-Age Insurance and Health at Work Fund and the General
Social Security Fund (French Overseas Departments and Territories)
- The National Old-Age Insurance Fund for Employees (CNAVTS), is made up of the Old-Age
Insurance and Health at Work Fund and the General Social Security Fund (French Overseas
Departments and Territories)
The agricultural regime covers farmers and agricultural employees. It is managed by the
Agricultural Social Mutual Benefit Fund (MSA), represented at a local level by the MSA funds.
The Social Security Fund for self-employed workers (RSI) is organised around a network of
regional funds. Self-employed workers and certain company directors carrying out craft, sales and
industrial activities are attached to the RSI for all their social taxes and contributions, as well as
liberal professionals for sickness-maternity insurance.
The different special regimes27 are each managed by specific funds.
25 General regime, agricultural regime, self-employed regime, special regimes. 26 Social Security Institutional organisation chart: http://www.securite-sociale.fr/Organigramme-institutionnel-de-la-
Securite-sociale?type=part#chap1 27 Regime for State civil servants and armed forces, regime for local authorities, special company regimes and
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 18 of 60
- Supervising organisations
The Social Security Department (DSS), attached to the Social Affairs and Health Ministry and the
Economy and Finance Ministry, is responsible for drafting and implementing Social Security
policy. It supervises all the Social Security organisations, General Social Security fund, Social
Security funds for self-employed workers other than agricultural workers, and special social
security funds.
It also participates in monitoring the supplementary protection organisations and mutual funds, and
works in liaison with these organisations. Its general mission is to ensure the adequacy of Social
Security benefits with the population's needs, whilst ensuring the financial balance of the regimes.
The Social Security Administration is supported by several partner institutions: the Social Security
Audit Commission (CCSS), the Social Security Assessment and Monitoring mission (MECSS), the
Alert Committee for Health Insurance Spending (COMAM), the High Council for the Future of
Health Insurance (HCAAM), the National Committee for fighting against fraud (CNLF), the
Retirement Guidance Council (COR), the High Council for Families (HCF), and the High Council
for Social Protection Financing (HCFi-PS).
equivalent (SNCF regime, RATP regime...), seamens' regime, regime for French citizens abroad, regime for students,
specific regime for parliament.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 19 of 60
Table 2.1. Overview of the French Social Security system as it applies to third-country nationals
The table below is based on information presented in the national MISSOC guide28, the European Union Mutual Information System on Social
Protection. It presents a general overview of the French social security regime, whilst studying benefits accessible to third-country nationals. It is
important to note that the legal residence on the French territory is the primary condition for access to the benefits listed above.
"Branch" of social security
Benefits and programmes included in each branch
Financing
mechanisms
(contributory/non-
contributory/mixed)
Accessibility by third-country nationals
I. Healthcare 1. Medical treatment
2. Hospitalisation
3. Dental care
4. Pharmaceutical products
5. Prosthesis, optical, acoustic
6. Other benefits (medical auxiliaries, transportation
in the event of hospitalisation, cures, etc.)
Mixed
All foreign nationals in employment
(employee or self-employed) or
alternatively, in continuous, legal residence
in French territory.
Derived rights: people who are dependant
on the insured person.
II. Sickness cash benefits 1. Salary maintained by the employer
2. Social protection benefits (part of the salary, death
benefit, daily end-of-life support allowance, daily
parental presence allowance)
Mixed All foreign nationals in employment, except
for some self-employed workers
III. Maternity and paternity
benefits
1. Benefits in kind (total coverage of expenses for
pregnancy and birth)
2. Paid maternity/paternity leave
3. Cash benefits (daily maternity, adoption and
paternity benefits)
Mixed Distinction between:
- benefits in kind: all foreign nationals in
employment or continuous, legal residents;
- cash benefits (daily maternity, adoption
and paternity benefits): all foreign nationals
in employment.
28 National MISSOC guide, Your Social Security rights in France, European Commission, 2012
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 20 of 60
IV. Invalidity benefits Invalidity pension, calculated on the basis of the
average annual salary over the best ten years of
insurance, and depending on the degree of invalidity.
Mixed All foreign nationals in employment29.
V. Old-age pensions and
benefits
Old-age pension, calculated based on the average
annual salary, the liquidation rate and the duration of
insurance in the regime.
Enhanced pension under certain conditions.
Mixed All foreign nationals in employment.
VI. Survivors' benefits - Survivors' pension
- Widow or Widower invalidity pension and widow or
widower old-age pension
- Other benefits: widow's/widower's allowance, under
certain conditions.
Mixed All foreign nationals in employment.
VII. Benefits in respect of
accidents at work and
occupational diseases
1. Temporary incapacity: treatment and cash benefits
2. Permanent incapacity: compensation according to
the reference salary
3. Death: compensation for surviving spouse and
orphans.
4. Rehabilitation:
- functional rehabilitation with benefits in kind and
cash benefits;
-professional rehabilitation for professional
reclassification with coverage of all expenses.
Mixed All foreign nationals in employment, except
for some self-employed workers
29 Within the framework of the General sickness insurance regime for workers, a worker is considered invalid if, following an illness or infirmity, he cannot earn, in any
occupation, more than one-third of the usual earnings for a worker in the same category and training in the same region.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 21 of 60
VIII. Family benefits - Family benefits (from two dependent children;
increase according to age)
- Education allowance : early childhood benefit
(PAJE), including two levels: 1) birth or adoption
allowance and basic allowance, 2) complement for
child education choice and complement for childcare
choice
- Childcare allowances
- Birth and adoption allowances: birth or adoption
allowance in early childhood benefit (PAJE)
- Single parent allowance: active solidarity revenue;
family support allowance
- Disabled child education allowance (Aeeh)
- Back-to-school allowance
- Supplementary family benefit
- Housing benefit for beneficiaries of family benefits.
Mixed Yes: foreign nationals with continuous,
legal residence in France and their children
(Article L. 512-1 of the Social Security
Code).
Several criteria (have several dependent
children resident in France, condition of
resources depending on the benefits).
IX. Unemployment benefits - Wholly unemployed: unemployment benefit based
on salary; solidarity regime depending on resources
- Partial / temporary unemployment
- Older workers compensation: equivalent retirement
benefit (AER)30 / transitory solidarity benefit (ATS)
- Benefits for young unemployed persons
- Benefits to integrate the employment market
(Unemployment benefit: return to employment
training allowance (Aref); solidarity regime:
remuneration for Pôle Emploi (job centre) training
(RFPE))
Mixed Only previously employed foreign nationals
can benefit from unemployment benefits.
X. Guaranteed minimum
resources
- Active Solidarity Income (RSA)
- Disabled adult allowance (AAH)
Mixed Yes under certain conditions: foreign
nationals must have a legal right to be in the
30 The equivalent retirement benefit was abolished on 1 January 2011, but is maintained for those who benefited before that date. It was replaced on 1 July 2011 by the
transitory solidarity benefit (ATS), with the aim of offsetting the consequences of modifications to the retirement age.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 22 of 60
- Solidarity allowance for the elderly (ASPA)
- Supplementary invalidity allowance (ASI)
- Specific solidarity allowance (ASS)
- Temporary waiting allowance (ATA), destined for
asylum seekers, people waiting for reinsertion and
certain categories of foreign nationals (foreign
nationals benefiting from temporary or subsidiary
protection, stateless persons, holders of temporary
"private life and family" resident cards granted after a
complaint or witness statement against a person under
prosecution for human trafficking or pimping...).
- Equivalent retirement benefit (AER) / Transitory
solidarity benefit (ATS)
country, and live in France on a continuous
and effective basis. Conditions of age,
resources and revenues depending on the
benefits.
XI. Long-term care benefits - Benefits in kind: compensatory disability benefit and
personal autonomy allowance (APA) for at-home care
/ care in establishments with partial accommodation at
the centre.
- Cash benefits: increase for attendance allowance,
supplementary benefit for attendance, supplementary
disabled child education benefit (Aeeh), specific
increase for a child benefiting from Aeeh, and
additional payment if dependent of single parent.
Mixed All foreign nationals resident in France,
under certain conditions (holders of above
pensions, resources, age, minimum degree
of dependence)
- Derived rights
It is important to note that within the framework of the General Sickness Insurance regime for Employees (RGAMTS), workers’ dependents31
also have access to healthcare.
31 The spouse, dependent children under certain conditions; parents, descendants and collaterals under certain conditions; people living in a marital relationship with the
insured person or who have concluded a civil solidarity pact, and who are dependent on him; all other persons who have lived with the insured person for at least 12
consecutive months and who are dependent on him.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 23 of 60
2.1.2. Other social security benefits not included in the MISSOC
Not applicable. All social security benefits have been described in the above table.
2.2. Link between policies in relation to social security and to immigration in France
Generally, third-country nationals benefit from the same rights in terms of social protection as
French nationals. Rules for access to social security are not, therefore, directly linked to
immigration policies or policies to attract certain migrant categories. For a third-country national,
the residence permit is the primary condition for access to social security, but the criteria after that
are the same as for French nationals (number of children, income etc). Article L. 115-6 of the Social
Security code states that: “foreign nationals can only be affiliated to the compulsory social security
regime if they are legally resident and working in France or if they hold a receipt of request for
renewal of a resident permit”.
Access to different benefits depends on the third-country national's situation, whether or not he is in
employment, unemployed but having previously worked, etc.
In addition, there is no hierarchy between residence permits to determine rights to social security,
linked, for example, to the validity of the permit. The type of permit does not influence access to
benefits.
2.3. Changes to the eligibility rules for social security programmes and benefits
Depending on the country, various changes may be planned concerning eligibility rules for social
security programmes or benefits in the above table, which will have an impact on access by third-
country nationals. These changes may result from transpositions of European legislation, public
perception, evidence of poverty among migrant groups caused by reduced access to social security,
or new case-law.
In France, there are no planned changes to eligibility rules for social security programmes and
benefits.
Having presented an overview of the social security system and described the way in which it
applies to third-country nationals, the next section aims to discuss in more detail the rules for access
to social security.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 24 of 60
3. NATIONAL RULES FOR ACCESS TO SOCIAL SECURITY BY THIRD-
COUNTRY NATIONALS
The previous section identified benefits that are accessible to third-country nationals in each
branch of social security. The aim of this section is to provide more in-depth analysis of the
conditions that apply to third-country nationals in order to qualify for benefits in the following
seven branches: healthcare, maternity and paternity benefits, old-age pensions and old-age
benefits, family benefits, unemployment and guaranteed minimum resources. Within this study,
these seven "branches" of social security have been selected as they hold particular importance for
migrants.
The conditions that apply to third-country nationals in order to qualify for the benefits that fall
under these seven categories may relate to minimum residence periods, minimum employment
periods/contributions, specific immigration conditions such as participation in an integration
course, and other conditions such as minimum age, income levels, number of dependents.
For each of the points studied below, the objective is to examine whether there is a difference
between categories of third-country nationals, and between third-country and French nationals.
In application of the principle of equal treatment, third-country nationals legally resident in France
benefit from the same rights as French nationals. While the residence permit is the primary
condition for access to social security for a foreign national in France, the other conditions are the
same as for French nationals, such as number of children or income level. To open rights to social
security, it is important to note that there is no hierarchy between residence permits, for example,
linked to the duration of validity. Access to different benefits will depend on the third-country
national's situation, whether or not they are in employment, unemployed but having previously
worked, etc.
3.1. Minimum residence period
There is no difference between third-country nationals and French citizens. In France, access to
different benefits is primarily subject to a condition of residence32. Beneficiaries must be
principally resident in Metropolitan France or an overseas territory. This condition is fulfilled when
the individuals live in France for six months + one day during the civil year of benefit payment.
Habitual residence is based on the idea of fiscal residence, for national and EU citizens and for
third-country nationals. The aim is to facilitate controls, which can be put in place based on the
fiscal declaration. It is, therefore, a criteria strictly set out by internal law.
The residence criterion is also important for European Union nationals, who do not require a
residence permit. For third-country nationals, it is the residence permit that determines access to
social security. If the third-country national presents a residence permit to the social security, his
rights are opened almost automatically, without necessarily assessing more precisely his place of
residence. Controls are put in place subsequently, to determine if the residence criterion is respected
compared to the situation of the individual.
For French and third-country nationals, some benefits may require a minimum duration of
registration with the social security system. For example, to benefit from cash allowances for a
sick leave for a minimum period of six months, a minimum duration of one year is required.
32 Extract from the interview carried out with representatives of the Community and International Affairs Division,
within the Social Security Department of the Social Affairs and Health Ministry.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 25 of 60
Similarly, to receive an invalidity pension, the insured person must have been registered for at least
twelve months from the interruption to employment following the invalidity.
3.2. “Exportability” of benefits
In France, some benefits accessible to nationals can be transferred once the person returns to his
home country. France provides for exportability of old-age benefits. They are also exported within
the framework of bilateral agreements on social security, which can improve benefits with the
aggregation of insurance periods33.
The payment of French family benefits is subject to the condition that the parents and children live
in France, whatever their nationality. In general, therefore, French family benefits are not
transferable, unless there is a specific mechanism resulting from an international text. Family
benefits may be transferred in totality as part of:
- European regulations when one parent is employed and children live in a State in whose
territory European regulations are applicable;
- the France-Monaco agreement, when one parent is subject to French legislation and
employed in France and the children live in Monaco34.
Within the framework of bilateral conventions containing a chapter on family benefits, the worker
employed in France may, under certain conditions, benefit from conventional family benefits for his
children who do not live in the country of employment.
3.3. Minimum employment and contribution period
There is no difference between third-country nationals and French citizens. The minimum
employment and contribution periods below are the same for both categories.
Healthcare
Rights to healthcare treatment are based mainly on the employment criteria or equivalent. They are
subject to pre-conditions, linked notably to the payment of a minimum contribution amount of n
times the SMIC (statutory minimum wage)35. It is also possible to examine rights depending on
hours worked.
Sickness cash benefits
Daily sickness benefits are paid under the condition of contribution payment or a minimum duration
of activity. A minimum registration period is necessary and is reflected in:
- the payment of a minimum contribution amount (n times the hourly SMIC)
- a minimum duration of activity: for the first six months: 1,015 SMIC during the preceding
six months or 200 hours during the preceding three months. Over six months: registration
for at least twelve months at the date of interruption to employment; 2,030 SMIC during the
twelve preceding months, or 800 hours of work during the preceding twelve months.
33 Reckoning of periods of insurance completed in another State. 34 This specificity is explained by the specific links between France and Monaco. 35 On 1 January 2014, the gross monthly SMIC (statutory minimum wage) was €1,445.38.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 26 of 60
Maternity and paternity benefits
The person must have been insured for ten months before the birth date and meet the conditions for
access to healthcare and daily benefits in case of sickness, at the presumed conception date or the
prenatal leave date, .
Old-age pensions and benefits
To obtain a full pension, the person must meet a condition of insurance duration and an age
condition: progressively from 60 to 62 years (in 2017) and, if the insurance condition is not met,
progressively from 65 to 67 years (in 2022). There are, however, specific mechanisms for long-term
workers.
Rights to benefits are opened once the contributions paid are sufficient to ensure the validation of at
least one quarter-year of insurance36.
Family benefits
There is no minimum employment or contribution period, except for the supplement for free choice
of working time (CLCA) and optional supplement for free choice of working time (COLCA) which
are part of the early childhood benefit (PAJE). The beneficiary has then to show evidence of an
activity of eight quarter-years (as defined by old-age insurance), consecutive or not, during the two
years preceding the arrival of the first child, during the four years for the second child and during
the five years for the third child and over.
Unemployment
Only previously employed workers can benefit from unemployment benefits. To have the right to
unemployment benefits, they must show a minimum duration of registration with the
unemployment insurance regime of at least four months during the previous twenty-eight months
(or thirty-six months for people over 50 years).
Guaranteed minimum resources
There is no minimum employment and contribution period. Access to different benefits is, however,
subject to age and income conditions.
3.4. Immigration-specific conditions
Depending on Member States, specific conditions may be required for benefits accessible to third-
country nationals, such as the requirement to hold a specific residence permit, residence
authorisation or visa, a fixed address or the requirement to participate in an integration course.
In France, there are no specific requirements, as long as the individual is legally resident and meets
the criteria of continuous, legal residence. Conditions required to benefit from social benefits are
then the same as for French nationals.
36 A quarter-year of insurance is acquired once the insured person has income equivalent to 200 hours of value of the
SMIC.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 27 of 60
3.5. Other required conditions
Depending on the Member State, other conditions may be required for benefits accessible to third-
country nationals.
In France, specific conditions may sometimes need to be met to receive certain benefits, in
particular, family benefits and guaranteed minimum resources. However, these criteria are the same
for third-country and French nationals. These may include a minimum or maximum age, a
minimum number of children, conditions of income or resources under a certain limit.37. There are
no additional conditions applicable solely to third-country nationals.
For example, it is possible to benefit from family allowances if the individual and his family live in
France and if at least one child is effectively and permanently dependent.
Guaranteed minimum resource benefits are subject to conditions of resources, and, depending on
the benefits, on age conditions.
The question of equality of treatment between population groups
Several researchers and associations denounce differences in treatment, on the one hand between
nationals, EU nationals and third-country nationals, and on the other hand, between legally resident
foreign nationals and irregular foreign nationals.
Some authors38 show that the condition of legal residence leads de facto to treatment differences
between population categories and can make access to social security more difficult for third-
country nationals than for French citizens or those from other EU Member States.
Whilst the legal residence conditions excludes irregular migrants from the social security system,
the author states, however, that there are several exceptions, linked to humanitarian reasons or
public health imperatives. In addition, mechanisms have been set up for irregular migrants. State
Medical Aid (AME) allows irregular migrants to benefit from access to treatment, as long as they
meet certain conditions, in particular the continuous residence condition and the condition of
income, which must not exceed a certain limit.
Whilst there are no differences between French citizens and third-country nationals for access to
social security and healthcare, some administrative practices may represent an obstacle.
37 These criteria are not detailed here as they are the same as for French nationals. 38 Karine Michelet " Rights to social protection for foreign nationals. From the affirmation of the right to its
implementation ", Informations sociales 6/ 2007 (n° 142), CNAF p. 80-91.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 28 of 60
4. ADMINISTRATIVE PRACTICES THAT AFFECT THIRD-COUNTY
NATIONALS’ ACCESS TO SOCIAL SECURITY
This section investigates whether discretionary conditions are applied by Member States for
determining eligibility of third-country nationals to the benefits that fall under the seven
'branches' of social security reviewed in the previous section. An example is the habitual
residence criteria, where officers may be required to exercise their judgement as to where the
person usually resides, taking into account the individual applicant's specific circumstances.
The aim of this section is also to examine if other practices may have an impact on a request
for access to social security.
It is based on documentary research and interviews with several stakeholders39.
4.1. The application of discretionary criteria, such as the habitual residence
condition
In France, there are no discretionary criteria as part of a request for access to social security.
Access to social security is governed by standards. The determining element is the residence
permit, which the third-country national must have in his possession. This person can be
affiliated to the social security as a worker and is thus dependent on common law. The main
conditions for access to benefits are the same as for French nationals.
The habitual residence criterion is based on the idea of fiscal residence, for French and
European Union citizens and for third-country nationals. The aim is to facilitate controls,
which can be put in place based on the fiscal declaration. This very strict condition, does not,
therefore, seem to be a discretionary criterion in France40.
4.2. Factors taken into account
Not applicable. There are no discretionary criteria.
4.3. Application of discretionary criteria: circulars, guidelines, officer training
Not applicable.
As previously described, it is the residence permit that determines access to social security in
France. If the third-country national presents a residence permit to Social Security, his rights
are opened almost automatically, without necessarily assessing more precisely his place of
residence. Habitual residence is based on the idea of fiscal residence, to facilitate controls
which may be implemented afterwards based on the fiscal declaration.
Depending on the country, access to social security may be linked to immigration policies. In
some Member States, for example, claims to social security benefits may affect a third-
country national's access to other rights, such as residence permit renewal, application for
naturalisation, or for family reunification. This is not, however, the case in France.
39 Interviews carried out with representatives of the Community and International Affairs Division of the Social
Security Department of the Social Affairs and Health Ministry, and representatives of the CLEISS. 40 See 3.1 Minimum residence period
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 29 of 60
4.4 Link between a claim for social benefits and residence permit renewal,
application for naturalisation or for family reunification
There is no established link in France.
The renewal of a residence permit, application for naturalisation or for family reunification,
may, depending on the country, be subject to conditions of resources, guaranteeing the
person's financial independence. These requests may be incompatible with requests for access
to some social benefits and may have an impact on the decision.
For family reunification in France, the foreign national must demonstrate that he has
sufficient, stable resources to ensure that the family is received in good conditions. These
resources must reach a certain amount, depending on the size of the family. Some social
benefits41 are excluded from this calculation. However, access to these benefits does not have
an impact on the request for family reunification, as long as the individual has sufficient
guarantees.
The request for social benefits will not have an effect on the application for residence permit
renewal or naturalisation.
However, we note that third-country nationals may be confronted with certain difficulties for
access to social benefits.
Difficulties encountered by third-country nationals in access to social benefits
Whilst the administrative practices studied within the framework of this study have no impact
in France on third-country nationals' access to social security, obstacles may be encountered,
often due to difference in practices between Funds. This underlines the necessity for
reinforced coordination between administrations and a harmonisation in rules and
practices relating to social security and immigration. Access rights for third-country nationals to non-contributory benefits are re-evaluated each
year, based on self-provided proof. However, the re-evaluation period for rights is different
for different Funds. For example, whereas the CPAM re-evaluates the rights for insured
people every year by contacting them to determine if they are still resident in France, the CAF
carries out a re-evaluation every six months42.
In addition, files are not shared between administrations, possibly leading to omissions or
dysfunctions.
It appears that coordination between social security organisations and prefectures does
not always function correctly, which makes procedures more complicated for foreign
nationals.
Currently, a reflection is ongoing between the Social Security Department and the Social
Security Funds on updating the residence permits which are required by the social security
institutions. There were indeed more categories of residence permits listed in the CESEDA
41 These may be family benefits, active solidarity income, solidarity benefit for elderly people, temporary
waiting allowance, specific solidarity allowance and retirement-equivalent allowance. 42 Interviews carried out with representatives of the Community and International Affairs Division of the Social
Security Department of the Social Affairs and Health Ministry
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 30 of 60
than groups of third-country nationals recognised by the Social Security, which is based on
the legality of their situation43.
The fact that certain recent residence permits are not inscribed in the Social Security Code
may be problematic when files are examined by officers.
The list of permits and documents proving the legal residency and employment of foreign
nationals is set out in article D.115-1 of the Social Security Code44.
The affiliation circuit has, therefore, been criticised in France. There may be some
bottlenecks caused by the documents required and the process of information certification for
third-country nationals. The Funds must ensure that the residence permits have not been
falsified, at the same time as responding to the requirement of fast registration for third-
country nationals.
4.5. Translation and other forms of support available to third-country nationals
The language barrier is an additional difficulty as the forms for the different Funds, and the
websites for Social Security organisations are not translated into other languages. Only the
CLEISS website provides information in different languages.
In some cases, foreign workers and their families can have access to specific services and
benefit from support for their different procedures. As part of their expatriate policies, large
companies offer numerous advantages to foreign nationals coming to work in France,
essentially for missions and beneficiaries of the European Blue Card. Through a dedicated
service within the company or an external company, they generally offer to assist the foreign
worker through the different administrative procedures on his arrival in France45.
In addition to the language barrier, Social Security regulations may also seem complex. As
part of the fight against social security fraud, third-country nationals may be particularly
43 Interviews carried out with representatives of the Community and International Affairs Division of the Social
Security Department of the Social Affairs and Health Ministry 44 The permits and documents outlined in article D.115-1 of the Social Security Code are as follows:
- Residence permit;
- Temporary residence permit;
- Residence certificate for Algerian nationals;
- Receipt of request for renewal of one of the above-mentioned permits;
- Receipt of request for residence permit equivalent to a three-month renewable residence permit with the
endorsement "recognised refugee";
- Receipt of request for residence permit with the endorsement: "foreign national admitted for asylum purposes",
with a validity of six months, renewable;
- Receipt of deposit of a request for refugee status, with the endorsement: "has requested refugee status", with a
validity of three months, renewable;
- Temporary work authorisation for foreign nationals staying in France with a visa of less than or equal to three
months, or for those who do not require a visa and who have resided in France for a duration of less than three
months;
- Temporary residence authorisation accompanied by a temporary work authorisation;
- Monaco passport with endorsement by General French Consul in Monaco, equivalent to a residence permit;'
- Seasonal work contract endorsed by the Departmental division for work and employment;
- Receipt of request for residence permit endorsed "authorises the holder to work";
- Cross-border worker permit. 45 European Migration Network Study, Attracting qualified third-country nationals to France, July 2013
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 31 of 60
targeted. The latter, who do not always know their rights and obligations, may not always
apply them correctly46.
In France, there are no discretionary criteria, such as a condition of residence, to determine
the eligibility of third-country nationals to social benefits. We note, however, several
obstacles in the migrant affiliation process. In addition to the language barrier, the question of
coordination and harmonisation of rules and practices between administrations responsible for
immigration and those responsible for social security is often evoked. All of these factors, to
which are added the complexity of administrative rules, underline the importance of
reinforced coordination for social security between Member States and third countries, to
facilitate the mobility of their nationals and guarantee continuity of their rights.
46 Interview carried out with representatives of the Community and International Affairs Division, within the
Social Security Department of the Social Affairs and Health Ministry
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 32 of 60
5. EXTERNAL DIMENSION OF SOCIAL SECURITY
This section aims to present the bilateral agreements signed between France and third
countries, specifically for coordinating social security. In particular, it analyses the
functioning and scope of these agreements.
Bilateral social security agreements aim to coordinate the legislation of the two States to
guarantee the continuity of rights to social protection for mobile people. They allow insurance
periods in the other State to be taken into account when opening rights and calculating certain
benefits. This mechanism is particularly useful when settling old-age pensions.
The European Commission recently published a communication47 concerning the external
dimension of social security coordination in the European Union, encouraging greater
cooperation between Member States and third countries in this field. It starts from the
observation that rights to social security for people migrating to or leaving the EU are mainly
defined by national legislation. Member States have signed bilateral social security
agreements with third countries, which establish coordination rules applicable to people
moving between the two countries. Several reasons may lead to the signing of these
agreements. Whilst they aim firstly to protect citizens working in other States, they are also
considered to be a means of attracting companies and workers from third countries.
Most agreements with third countries contain mechanisms relating to applicable legislation,
equality of treatment and pensions. Pension mechanisms preserve rights acquired by migrants
when they leave the national territory and authorise the payment of pensions in the third
country with which the agreement is signed. Some agreements allow insurance, employment
or residence periods to be added.
It is important to note that bilateral agreements are specific to the countries who have signed
them. Migrants and companies from third countries must, therefore adapt to different social
security systems and different bilateral agreements depending on the Member States.
In France, it is the Social Security Department (DSS, Direction de la Sécurité Sociale) that
conducts the negotiations and drafts the agreement texts. It entrusts the task of monitoring the
implementation of the agreements and the treatment of individual problems to the European
and International Social Security Liaison Centre (Centre des liaisons européennes et
internationales de Sécurité sociale) (CLEISS) - the liaison organisation between French
Social Security organisations and their foreign equivalents48.
47 COM(2012)153final of 30.03.2012, Commission Communication to European Parliament, Council, European
Economic and Social Committee and Regions Committee, The External Dimension of EU Social Security
Coordination 48 Extract from the interview carried out with representatives of the Community and International Affairs
Division, within the Social Security Department of the Social Affairs and Health Ministry
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 33 of 60
5.1. List of bilateral agreements for coordination on social security that exist
between France and third countries
France has signed around 40 bilateral agreements with third countries. The majority of
migrants working in France come from North and Sub-Saharan Africa. Not all third-country
nationals are concerned by these agreements, unlike multilateral agreements. Bilateral social
security agreements are generally intended for workers and their families, former workers and
their families with the aim of continuing acquired rights, and sometimes self-employed
workers.
Most have been signed with Algeria, Morocco and Tunisia.
a) List of current bilateral social security agreements49
Third country Date of signature Date of ratification
Algeria 1 October 1980 1 February 1982
Andorra* 12 December 2000 1 June 2003
Argentina* 22 September 2008 1 November 2012
Benin 6 November 1979 1 September 1981
Bosnia and Herzegovina 3 and 4 December 2003 4 December 2003
Cameroon 5 November 1990 1 March 1992
Canada* 9 February 1979 1 March 1981
Cape Verde 15 January 1980 1 April 1983
Chile* 25 June 1999 1 September 2001
Congo 11 February 1987 1 June 1988
South Korea* 6 December 2004 1 June 2007
Côte d’Ivoire 16 January 1985 1 January 1987
USA* 2 March 1987 1 July 1988
Gabon 2 October 1980 1 February 1983
Guernesey, Aurigny, Herm,
Jethou
19 November 1965 1 December 1965
India* 30 September 2008 1 July 2011
Israel 17 December 1965 1 October 1966
Japan* 25 February 2005 1 June 2007
Jersey 29 May 1979 14 May 1980
Kosovo 4 and 6 February 2013 6 February 2013
Macedonia 1 and 14 December 1995 14 December 1995
Madagascar 8 May 1967 1 March 1968
Mali 12 June 1979 1 June 1983
Morocco* 22 October 2007 1 June 2011
Mauritania 22 July 1965 1 February 1967
Monaco 28 February 1952 1 April 1954
Montenegro 26 March 2003 26 March 2003
Niger 28 March 1973 1 November 1974
Philippines 7 February 1990 1 November 1994
49 Source: CLEISS, bilateral social security agreements : http://www.cleiss.fr/docs/textes/
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 34 of 60
Quebec: Understanding* 17 December 2003 1 December 2006
Quebec: Protocol
(students and cooperation)
19 December 1998 1 July 2000 and 1 January
2001
Saint-Marin 12 July 1949 1 January 1951
Senegal 29 March 1974 1 September 1976
Serbia 26 March 2003 26 March 2003
Togo 7 December 1971 1 July 1973
Tunisia* 26 June 2003 1 April 2007
Turkey 20 January 1972 1 August 1973
*These agreements also include self-employed persons.
All the agreements, with the exception of Madagascar, refer to old-age pensions.
Supplementary pensions are not included in the agreements, but their current mechanisms
allow for exportation of benefits. Most agreements include mechanisms for invalidity. The
coverage of healthcare and benefits in kind in most agreements is explained by the fact that
the first agreements signed concerned labour immigration, with the aim of insuring foreign
workers in France who intended to return to their original country and their families during
paid leave and for retirement. There are very few arrangements for healthcare for temporary
stays.
Over the past few years, new agreements have been signed but have not yet entered into force.
b) List of social security agreements signed but not yet in force
Third country Date of signature
Brazil 15 December 2011
Canada 14 March 2013
Uruguay 6 December 2010
c) List of coordination decrees
Metropolitan France and overseas departments (Guyane, Guadeloupe, Martininque, La
Réunion) are linked by coordination decrees to overseas collectivities which are part of the
French territory, but have legislative autonomy for social security. Coordination decrees have
been signed with Mayotte50, New Caledonia, French Polynesia and Saint-Pierre-and-
Miquelon.
50 Mayotte became an overseas department on 1 March 2011 and had conserved its autonomy for social security
up to now. However, since 1 January 2014, Mayotte obtained the status of European Union Outermost Region
within the meaning of article 349 of the Treaty on the Functioning of the EU (European Council Decision of 11
July 2012). From now on European rules on coordination of social security systems (CE) 883/2004 and (CE)
987/2009 must be implemented in Mayotte.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 35 of 60
Overseas collectivities Date of signature Date of ratification
Mayotte* 26 August 2005 1 September 2005
New Caledonia* 19 November 2002 1 December 2002
French Polynesia* 26 December 1994 1 January 1995
Saint-Pierre and Miquelon* 10 May 2011 1 June 2011
*These agreements also include self-employed persons.
These decrees include the following benefits:
- sickness-maternity and death in the country of employment (by aggregation);
- health treatment for the worker's family, temporary residence51 (for the workers and
their families in the case of Mayotte and New Caledonia), transfer of residence,
pensioners and their family, detached workers ;
- invalidity;
- old-age benefits (with the possibility of separate settlement);
- accidents at work and occupational diseases
- family benefits in the country of residence for children residing in the other country,
with the exception of Mayotte.
Bilateral agreements signed between France and third countries: historical overview
and strategic challenges52
The French network of bilateral agreements is closely linked to France's traditional influence
zones, in Europe, North Africa and French-speaking Africa. Historically, the first bilateral
agreements were signed after decolonisation, with the North African countries and several
African states, due to the need for foreign workers in France. This first series of
"workforce" agreements, aimed to facilitate the arrival of workers from these countries,
while allowing the payment of family benefits to their families. Family reunification did not
exist, so it was necessary to assert the social rights of the family in the home country and for
the worker when he returned to his original country. From the 1950s and particularly from
the 1960s, France signed agreements with numerous countries in these zones, notably with
Morocco and Tunisia in 1965.
Since the middle of the 1980s, the French network of bilateral agreements has extended to
new States, in America and Asia, with the logic of mobility of workers and companies:
USA in 1987, Philippines in 1990, and Chile in 1999.
A new series of "OECD" agreements was signed in the middle of the 2000s to accompany the
growth in exchanges with major industrialised countries and encourage mobility of
managers in large companies. Agreements were signed with South Korea in 2004 and Japan
in 2005, before extending to emerging powers, in India and Argentina in 2008, Uruguay in
201053, and Brazil54.
Negotiations with China are on-going.
51 Return of worker to his home country during paid leave. 52 Extract from the interview carried out with representatives of the Community and International Affairs
Division, within the Social Security Department of the Social Affairs and Health Ministry. 53 The agreement with Uruguay is not yet in force. 54 On-going agreement.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 36 of 60
Concerning the demographic and economic aspects, the network of international agreements
with France covers nearly 83% of the French expatriate population, 84% of the foreign
population residing in France, 79% of imports and 82% of exports from France. Sixteen of the
twenty main clients of France are covered by the network, whilst eighteen of the twenty main
suppliers of France are covered55.
Only three out of thirty OECD countries have not signed bilateral social security agreements
with France (Australia, Mexico and New Zealand).
From a financial point of view, the total payments generated by international social security
agreements and by European social security regulations reached €6.89 billions in 2012 and
€6.59 billions in 2011, which represents a 4.55 % increase (€300 millions). Most of these
benefits concern old-age pensions paid to retired people living outside of the French
territory56.
5.2. Presentation of bilateral social security agreements concluded between
France and third countries
Bilateral agreements contribute to facilitating the mobility of individuals by guaranteeing the
continuity of rights to social protection, while facilitating families remaining in the home
country and the return of workers to their country of origin. Coordination enables benefits to
be settled and residence clauses to be removed so that foreign workers lose as few rights as
possible. Agreements concluded between France and third countries each have specificities.
The most developed are with Tunisia and Morocco, where new, more complete social security
agreements have been signed.
Several agreements include coordination mechanisms for all insurance branches57. Most of
the other agreements provide for coordination for invalidity pensions, old-age pensions,
survivors' pensions, and for the maternity, work-related accidents and professional diseases
and family benefits branches.
However, unemployment benefits have never been included in bilateral agreements, contrary
to European rules, as the social partners prefer to decide for themselves whether they apply or
not.
55 Source: The Social Security public service portal 56 Centre des liaisons européennes et internationales de sécurité sociale, Rapport statistique, exercice 2012
http://www.cleiss.fr/docs/stats/rapport_stat_2012.pdf 57 This is the case with Algeria, Bosnia and Herzegovina, Cape Verde, Morocco, Monaco, Montenegro, Serbia,
Tunisia and Turkey.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 37 of 60
The aim of this section is to examine if the bilateral social security agreements signed
between France and third countries:
i) allow a worker from a third country to work in France while remaining subject to the
social security legislation of the sending state
Within the framework of bilateral agreements, the worker is subject to the legislation of the
State where he is working, with the exception of several categories. The determination of
applicable social legislation aims to avoid both double affiliation and the absence of affiliation
in one or other of the States.
Depending on the agreements signed with third countries, the categories that may remain
subject to the sending country are mainly:
- personnel in the service of an administration of one of the States sent to the territory of
the other State,
- diplomatic mission and consulate personnel,
- transportation company personnel,
- posted workers.
ii) guarantee equal treatment in the system of the host State in respect of particular
benefits
The principle of equal treatment applies between nationals of the two States. The application
of this principle is guaranteed in all the bilateral social security agreements. This principle
imposes that each State treats the nationals of the other State as its own nationals on its
territory58.
The scope of application for the agreements is metropolitan France and the overseas
departments. The agreement covers either all third-country nationals, or only French nationals
and the nationals of the other signing State.
In general, the new agreements cover third-country nationals.
iii) allow social security benefits to be exported to the other country
Bilateral social security agreements allow for residence clauses to be waived to benefit
from and export certain benefits. More often this concerns long-term cash benefits, such as
old-age pension, with the aim being that the person does not lose out because he was mobile.
However, non-contributory social benefits under national solidarity, in particular the
minimum old-age pension allowance, cannot be paid outside of the national territory.
The agreements signed between France and third countries allow benefits from the "work-
related accidents and occupational diseases", "old-age", "survivors" and "invalidity"
branches to be exported to the territory of the other signatory State. In contrast, family
benefits are never exportable59, as beneficiaries are subject to the condition of residence in the
French territory. However, within the framework of bilateral conventions containing a chapter
58 Source: Social Security department, Social Affairs and Health Ministry 59 Source: http://www.cleiss.fr/docs/pf/index.html
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 38 of 60
on family benefits, the worker employed in France may, under certain conditions, benefit
from "conventional family benefits" for his children who do not live in the employment
country. There are three types of payment: the contribution system60, the system of
transferable allowances or compensation for family expenses61, and family benefits in the
country of residence62.
Provisions are also set out for maternity benefits. Depending on the agreements, they allow:
- the compensated transfer of residence (right to cash benefits for the employed woman who
benefits from maternity allowances and who temporarily transfers her residence to her home
country for a duration limited to the period of compensation set out by the workplace
country's legislation),
- the temporary stay by the employed woman in her home country for paid leave,
- temporary stay by members of the family that usually live with the worker and who
accompany the person for a temporary stay during paid leave or compensated transfer of
residence (some agreements).
iv) contain any other provisions of relevance to the coordination of social security
systems with third countries
Some agreements include other provisions for coordination of social security systems. The
agreement signed with Argentina63 plans provisions for administrative cooperation and
mutual aid, including conditions for data communication, recovery of contributions and
undue benefits, cooperation in the fight against fraud and exchanges of statistical data.
60 This system is provided for in most of the agreements signed with African countries. It is the institution in the
State of residence who pays the allowances or family benefits according to the applicable provision in that State.
The appropriate institution in the workplace pays, a contribution to the liaison organisation in the country of
residence of the family. This contribution varies according to the number of dependent children within the
meaning of the agreement. 61 In this case, the benefits are directly paid by the Fund in the place of work to the family living in the other
State. The amounts are fixed by common agreement by the appropriate authorities in the two countries. This
system is set out in the agreements signed with Morocco, Turkey, Bosnia and Herzegovina, Kosovo, Serbia,
Montenegro, Macedonia and Tunisia. 62 In the France-Cameroon agreement, the workplace country does not participate in payment of family benefits.
The maximum age and number of children that can benefit from benefits are determined according to the
legislation in the State of residence of the family. Source: CLEISS 63 Social security agreement of 22 September 2008 between the Government of the Republic of France and the
Government of the Republic of Argentina
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 39 of 60
Amount of payments by France abroad64
Every year, within the framework of European regulations and international agreements,
France spends around €6 billion to export social benefits, with the largest item being old-
age pensions. The largest State is Algeria65.
In 2012, nearly €6.9 billion were paid by France in application of international social security
agreements, or an increase of 4.55% over the previous year. The "retirement" element
represents nearly 90% of flows abroad. Old-age pensions represent 65.92% of the total
benefits paid abroad, followed by supplementary pensions (22.26%). The remaining 10%
covers the other benefits.
The analysis of the payments made by France in 2012 shows that European payments
represent the largest share (52.53% or nearly €3.62 billion) followed by bilateral agreements
(42.65% or more than €2.94 billion) then countries outside agreements (2.54% or more than
€175 million) and coordination decrees (2.25% or more than €154 million).
The breakdown of payments abroad by type of agreement shows that old-age pensions
represent the largest share (more than €2.2 billion) within bilateral agreements.
5.3. Examples of third-country nationals who have invoked their rights under the
bilateral social security agreements reached between France and third countries
Not applicable.
Coordination agreements for social security guarantee equal treatment for people who live or
work in another country. They also aim to avoid the loss of certain long-term benefits such as
old-age pensions with immigration. Having examined the external dimension of social
security by studying the scope and functioning of bilateral agreements, the following section
aims to examine three tangible case-studies.
64 European and International Social Security Liaison Centre, Statistical report, 2012
http://www.cleiss.fr/docs/stats/rapport_stat_2012.pdf 65 Extract from the interview carried out with representatives of the CLEISS
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 40 of 60
6. CASE-STUDIES
The aim of the following three case-studies is to better understand, in practice, the rights and
access to social security by third-country nationals within each Member State. It will also
indicate whether the claims made in each of the three following cases would be successful.
Case-study 1 : Tho and Lien, a married couple holding Vietnamese citizenship, aged 28 and
30, moved to France 10 years ago. They hold long-term residence permits. Tho has worked in
a car manufacturing company for the last 8 years, paying obligatory insurance contributions
throughout this time. Lien has worked as a chef in the restaurant of a large hotel, also paying
obligatory insurance contributions, for the last two years. Tho and Lien are expecting the birth
of their first child in 6 weeks' time. Last week, the car manufacturing company where Tho
works announced they were making him redundant. Faced with the loss of Tho's income at a
time when Lien would need to take time off work, following the birth of their child, Tho
decided to apply for unemployment benefits while Lien applied for maternity benefits.
In France, this couple benefits from the same rights as French nationals as they meet
residence conditions. They benefit from all mentioned rights from the moment they are
legally resident and have paid contributions. This is the case as both of them have worked in
France and currently live in France.
Their entitlement to family and unemployment benefits will also be assessed under the same
conditions as French nationals.
Case-study 2 : Jasmine is a single parent, aged 29, holding Filipino citizenship, who moved
to France 2 1/2 years ago. She has a 2-year old child (also holding Filipino citizenship) living
with her and another child aged 5 living in the Philippines with Jasmine's mother. She holds a
temporary/salaried worker residence permit that has been renewed once. Jasmine has worked
as a nurse in a residential day-care unit in France for 2 1/2 years. She sends a small amount of
money every month to the Philippines to help support her daughter. Last month, Jasmine's
employer announced significant cuts in staff salaries in response to budget reductions. Faced
with a significantly reduced income, Jasmine has moved into a hostel as she can no longer
afford to rent private accommodation. She has also been forced to halve the amount of money
she sends her family in the Philippines every month. She has decided to apply for family
benefits and guaranteed minimum resources.
Jasmines' situation could not apply in France, as there exist numerous other provisions
before the Active Solidarity Revenue (RSA), destined to ensure that people with no or low
resources have a minimum income level. These provisions include partial unemployment,
housing benefit etc.
When her child was born, this person would have already been declared to the Family Benefit
Fund (CAF) and benefit from family benefits since the birth66, in the case of legal,
continuous residence. Jasmine also has the right to guaranteed minimum resources. As she
has already paid contributions, she would also have the right to unemployment benefits.
66 This would only apply to the child resident in France.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 41 of 60
Concerning accommodation in a hostel this situation would not apply either in France, as
Jasmine would benefit from other rights beforehand, in particular Personalised Housing
Aid67 (APL).
Case-study 3 : Senghor is a high-skilled worker from Senegal. He arrived in France six years
ago with a temporary residence permit arranged through the IT company that employed him.
Senghor is single and does not have children, but recently succeeded in bringing his elderly
mother to France on the basis of family reunification. Aged 80, his mother is entirely
dependent on Senghor's income. Last week, Senghor suffered an accident at work, that left
him incapable of carrying out the work for which he was employed for a period of 3 years. He
decided to apply for invalidity benefits, sickness benefits, family benefits and benefits in
respect of accidents at work and occupational diseases.
It is improbable that he would have been able to bring his mother to France on the basis of
family reunification as it is impossible to bring a parent on this basis. In addition, there are no
family benefits for elderly people. However, if this situation did exist, Senghor could benefit
from an invalidity pension, if he is recognised invalid. As it is a work-related accident, we
would first consider the work-accident benefit, which is more advantageous than the
invalidity pension.
If Senghor's mother is legally resident, she could benefit from the Solidarity Allowance to
the Elderly (ASPA), on a personal basis as long as she is legally, continuously resident.
As Senghor cares for his mother, he may benefit from the Personalised Autonomy
Allowance (APA).
In conclusion, as long as the third-country national is legally resident in France, he benefits
from the same rights as a French national.
Having analysed these precise case-studies, which allow a real comparison between EU
Member States, and access to social security for third-country nationals, the following section
provides a statistical analysis with the aim of comparing the situation of third-country
nationals, French citizens and other EU Member State nationals.
67 Personalised Housing Aid (aide personnalisé au logement) is a financial aid with the aim of reducing rent
payments. It is given according to the type of housing and composition of the family.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 42 of 60
7. STATISTICS ON SOCIAL SECURITY PAYMENTS RELATED TO
MIGRATION
This section provides statistical data on employed, unemployed and inactive third-country
nationals for 2008 to 2012.
The statistical data on social security in France was collected by Eurostat.
These statistics will provide an overview on a European level in the synthesis report which
will be drafted from the studies by the different EMN Contact Points. This section covers the
following data:
- number of third-country nationals, French and European citizens who are
employed, unemployed or inactive by age from 15-64 years;
- take up of social security benefits by third-country and French nationals;
- costs of providing social security benefits for third-country nationals.
Several Eurostat data collection tools were used, depending on the categories for this section.
Category Eurostat data collection instrument
1. Employed, unemployed and inactivity Labour Force survey68 (European Labour
Force Survey (EU-LFS))
2. Take up of social security benefits European Union statistics on income and
living conditions (EU-SILC)69
3. Expenditure by type of social security
benefit
European System of Integrated Social
Protection statistics (ESSPROS)70
7.1. Statistics on employment, unemployment and inactivity in France
The data concerning employment, unemployment and inactivity are the latest available. The
figures are distributed in three groups: third-country nationals, EU nationals and French
citizens. The statistics were collected from the Employment Survey. To ensure comparability
at a European level, the data analysed concerns individuals aged 15 to 64 years.
68 The European Union Labour Force Survey is a large household survey carried out by National Statistics
Institutes throughout Europe and centralised by Eurostat. In France, the Labour Force Survey is carried out by
INSEE. It measures unemployment within the meaning of the International Labour Organisation, and provides
data on professions, women and young persons' activities, work duration and precarious employment. 69 This instrument is designed to collect current and comparable multidimensional, transversal and longitudinal
micro-data on incomes, poverty, social exclusion and living conditions. It aims to provide two types of data:
- transversal data for a given time or period, with variables on income, poverty, social exclusion and other
living conditions;
- longitudinal data concerning changes over time in individual levels, observed periodically over a four-
year period. 70 The European System of integrated Social Protection Statistics enables the comparison between European
countries of national administrative social security data. The information collected covers benefits, income and
expenditure for social protection, beneficiaries of pensions and net social protection benefits.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 43 of 60
1. Employment
Table 1: Employment rate of French, other EU Member States and third-country
nationals between 2008 and 2012 (%)
Source: Eurostat, Labour Force Survey
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
Graph 1: Trends in employment rates of French, EU Member States and third-country
nationals, 2008-2012 (%)
Source: Eurostat, Labour Force Survey http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
The above table presents the change in the employment rate for French, EU and third-country
nationals, by sex, between 2008 and 2012.
As a general rule, we observe a higher rate of employment for men than for women. This
difference is more pronounced for EU and third-country nationals than for French citizens.
For French nationals in 2012, for example, 61.3% of women and 68.3% of men were
employed, or a difference of 7 points. This rate is 58.8% for women and 70.7% for men for
other EU Member state nationals, or a difference of 11.9 points. For third-country nationals,
33.9 % of women and 59.9 % of men were employed, or a difference of 26 points.
In France, the rate of employment is higher for French and EU nationals, with 64.7% and
65% in 2012, than for third-country nationals, with a rate of 46.2% for the year.
2008 2009 2010 2011 2012
M F Total M F Total M F Total M F Total M F Total
French
citizens 69.8 61.2 65.4 68.7 60.9 64.7 68.3 61 64.6 68.4 60.9 64.6 68.3 61.3 64.7
Other EU
Member State
nationals 72.2 59.9 65.9 71.2 57.8 64.5 74.6 59 66.9 74.1 61.4 67.9 70.7 58.8 65
Third-
country
nationals 62.5 37.4 49.7 56.5 36.1 46 60.3 33 45.9 58.6 33.8 45.4 59.9 33.9 46.2
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 44 of 60
For each category, we observe a slight change in rate of employment between 2008 and 2012.
2. Unemployment
The table below presents the change in the unemployment rate for French, EU and third-
country nationals, by sex, between 2008 and 2012.
For the total categories, women are generally more affected by unemployment than men. We
note, however, that the difference is less marked in 2012 for French and European Union
nationals. For French nationals in 2012, 9.4% of women and 9.2% of men were unemployed.
For other EU Member State nationals, 10.9 % of women and 10 % of men were unemployed.
Whilst the difference is between 0.2 and 0.9 points for these two groups, it is significantly
higher for third-country nationals, with an unemployment rate of 28.1% for women and
22.8% for men, or a difference of 5.3 points.
Table 2: Unemployment rates for French, other EU Member States and third-country
nationals between 2008 and 2012 (%)
2008 2009 2010 2011 2012
M F Total M F Total M F Total M F Total M F Total
French
citizens 6.5 7.6 7 8.4 9 8.7 8.6 9.2 8.9 8.3 9.1 8.7 9.2 9.4 9.3
Other EU
Member
State
nationals 6.4 6.5 6.4 9.2 8.7 9 6.8 10.6 8.5 7.2 9.5 8.2 10 10.9 10.4
Third-
country
nationals 17.7 21.3 19.1 23.4 24.1 23.7 20.5 27.1 23.1 22.4 28.8 25 22.8 28.1 24.9
Source: Eurostat, Labour Force Survey
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
In France, the unemployment rate is higher for third-country nationals than for French
and EU Member State nationals. From 2008 to 2012, the unemployment rate for third-country
nationals went from 19.1% to 24.9%, an increase of 5.8 points. Over the same period, the
unemployment rate increased by 2.3 points for French citizens and 4 points for other EU
Member State nationals.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 45 of 60
Graph 2: Trends in unemployment rates of French, other EU Member States and third-
country nationals between 2008 and 2012 (%)
Source: Eurostat, Labour Force Survey http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
3. Inactivity
Table 3: Inactivity rate of French, other EU Member States and third-country nationals
between 2008 and 2012 (%)
2008 2009 2010 2011 2012
M F Total M F Total M F Total M F Total M F Total
French
citizens 25.4 33.8 29.7 25 33.1 29.1 25.2 32.9 29.1 25.4 33 29.3 24.8 32.3 28.6
Other EU
Member
State
nationals 22.9 35.9 29.5 21.6 36.7 29.2 19.9 34 26.9 20.2 32.2 26 21.4 34 27.4
Third-
country
nationals 24 52.6 38.5 26.3 52.4 39.8 24.2 54.7 40.3 24.5 52.6 39.4 22.4 52.9 38.5
Source: Eurostat, Labour Force Survey
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
The above table presents the change in share of inactive people for French, EU and third-
country nationals, by sex, between 2008 and 2012.
According to INSEE, inactive people are individuals who are not in employment as defined
by the International Labour Organisation, nor unemployed. This category includes young
people under 15 years of age, students, retired people, housewives or house-husbands, and
people unfit for work.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 46 of 60
The inactivity rate is higher for third-country nationals than for French and EU Member
State nationals. In 2012, for example, it was 38.5% for the first category and 28.6% and
27.4% for the two others. The inactivity rate is higher for women than for men, with a more
significant difference among third-country nationals. In 2012, we note a difference of 7.5
points for French citizens, 12.6 points for other EU Member state nationals and 30.5 points
for third-country nationals.
For French and EU nationals, the inactivity rate fell by 1 to 2 points between 2008 and 2012.
It remained stable for third-country nationals.
Graph 3: Trends in inactivity rates for French, other EU Member States and third-
country nationals between 2008 and 2012 (%)
Source: Eurostat, Labour Force Survey
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
The statistical data presented above enables the comparison of situations of third-country
nationals, French nationals and EU nationals in France. Additional statistical data and
research work enables more precise analysis of the take up of social benefits by migrants.
7.2. Statistics and research on the take up of social security benefits among
third-country nationals.
This section is based on several studies which enable the analysis of the take up of social
benefits by the different groups, at the same time as providing statistical data.
International comparison of the fiscal impact of immigration
The question in many OECD countries is whether immigration exacerbates the budgetary
difficulties to which they are confronted, or whether it helps them. The OECD report on the
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 47 of 60
outlook for international migration71 includes a chapter on the comparative analysis of the
fiscal impact of immigration in OECD countries, based on data from the European OECD
countries, as well as Australia, Canada and the USA. This report uses EU-SILC statistics for
the years 2007-2009, in order to calculate take up of social benefits by the total immigrant
population, i.e. those born abroad, compared to the total population born in the country.
The fiscal impact of immigration varies depending on the retained hypotheses and
methodology, but the authors note that, in most countries, it is limited compared to GDP, and
on average, close to zero in the OECD zone.
According to the report authors, "immigrants have a less favourable net fiscal position than
the native-born. This is largely because they tend to pay less in taxes and social security
contributions and not because of a higher dependence on social benefits72. "
In their opinion, the cross-country variation in immigrants' fiscal situation results from the
design of the tax and social benefit system, as well as the composition of the migrant
population in terms of age and status when entering the country. Immigrants' fiscal
contribution is more favourable in countries where labour immigration represents a large
share of the migrant population, than in countries which welcome more migrants for
humanitarian reasons.
The study considers that employment is the most important determinant of migrants' net
fiscal contribution, particularly in generous welfare states. Countries such as Belgium, France
and Sweden would benefit from a rise in immigrants' employment rate to that of native-born,
with a fiscal gain of more than 0.5% of GDP.
Several factors explain the international variability of migrants' fiscal contribution compared
to native-born. Differences in the composition of the migrant population by migrant
category (labour, family, humanitarian) have an influence on their fiscal situation. The age of
migrants is also an important factor.
A comparative analysis of contributions and benefits shows that when immigrants'
contributions to the State budget and benefits they receive are examined separately, the
differences in the net direct fiscal situation of migrant households compared to native-born
households are explained by lower contributions (in the form of taxes and social
contributions) and not by the fact that they receive more social benefits. The authors state
that the benefit differences are, on average, negative. In other words, immigrant households
generally receive lower levels of benefits than native-born ones.
Concerning take up of benefits, the study shows that there do not seem to be differences
between benefits received by immigrant households and native-born ones. Excluding social
and housing aid, which are often linked to social aids, social benefits received do not really
vary between immigrant and native-born households.
The authors note that countries that have undergone in the past significant work-related
immigration before restricting entry, such as Germany and France, tend to conclude that
immigration has a negative impact. This is explained, however, by the fact that this impact is
measured after most workers have retired. The pensions they receive more than compensate
for the contributions from the smaller number of working immigrants.
By analysing the fiscal impact of migration in OECD countries, the OECD report provides an
overview and interesting comparative analyses between countries, while at the same time
71 OECD, International migration outlook 2013, 13 June 2013 72 Ibid.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 48 of 60
highlighting numerous factors which may influence the fiscal situation of migrants. Several
authors also looked at the fiscal impact of migration on a national level.
Impact analysis of migrations on public finances in France
Several research works have studied the impact of migrations on France's public finances.
Xavier Chojnicki and Lionel Ragot73 observed the contribution to public finances from the
immigrant population and its expenditure, based on the year 2005. They note that non-
European Union migrants benefit more often than native-born from housing benefits (34 %
compared to 13.7 %), family benefits (35 % compared to 24.3 %) and unemployment
benefits (19 % compared to 11.7 %). However, they benefit less from health and retirement
benefits. The authors estimate that the average net contribution of immigration was €3.9
billion for 2005, or 0.5 % of GDP74.
According to the authors, this net contribution to social security is positive as immigrants
make up a smaller share of young and old people, and so receive relatively fewer benefits (in
particular health and retirement, which make up the most important transfers)75.
The authors note that African immigrant populations seem to be more often beneficiaries of
social benefits, with the exception of health and retirement, which are the most important
expenditure items. While this over-representation within family benefits can be explained by
household size, other reasons are also provided. According to the study authors, "the main
characteristic which marks the difference between immigrant and native-born populations is
due to the wide variations in aid dependency rates linked to the employment situation and
income level. Thus, compared to native-born, immigrants from North Africa and the rest of
Africa are respectively 1.6 and 1.7 times more numerous in receiving unemployment benefit,
3.8 and 3.9 times more likely beneficiaries of minimum income for integration and, on
average 2.5 times more dependent on housing aid. 76 "
The study shows that one of the factors that determine migrants' requirement for social
benefits is the level of qualification or education.
The analysis of the fiscal impact of immigration, at a national and international level,
underlines the complexity of the situation of the immigrant population and their take up of
social benefits, which depends on numerous factors, such as migrant category, age or
qualification level. It can be complemented by the study of the cost of social protection.
7.3. Cost of social security benefits in France
The statistics on the costs of social benefits were collected by Eurostat. They are not
aggregated by type of inhabitant, and thus do not distinguish between French citizens, third-
73 Chojnicki Xavier, Ragot Lionel, Immigration is expensive for France: what do the economists think?
(L'immigration coûte cher à la France : qu'en pensent les économistes ?), Éditions Eyrolles-Les Échos, 2012 74 Laurent Agnès (interwiewed by), Social protection and immigration: figures and stereotypes (Protection
sociale et immigration: les chiffres contre les clichés), interview of Xavier Chojnicki, L’Express, 14 November
2011
75 Chojnicki Xavier, Defoort Cécily, Drapier Carine, Ragot Lionel, Migrations and social protection: study on
the long and short-term links and impacts (Migrations et protection sociale : étude sur les liens et les impacts de
court et de long term), report for the DREES-MiRe (Research mission for the Department of Research, Studies,
Evaluation and Statistics), July 2010 76 Ibid.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 49 of 60
country or EU nationals. The data presented in this section comes mainly from the European
System of Integrated Social Protection statistics (ESSPROS)77 . They are the latest available
statistics from 2010.
The statistics are presented in the artificial currency unit "Purchasing power standard (PPS)"
per inhabitant78.
The relative costs of social security, as presented in the ESSPROS, can be aggregated by
different benefit types, such as sickness/healthcare, invalidity, old-age, survivors,
family/children, unemployment, and social exclusion. In order to present a pertinent overview
of the different social security categories, some categories have been grouped, such as old-age
and survivors, sickness, healthcare and invalidity.
Table 4: Social security expenditure classed by type of benefit in 2010 (in PPS per
inhabitant and euro per inhabitant)
Type of social security benefit Expenditure (in PPS
per inhabitant)
Expenditure (in euro
per inhabitant)
Family/children 701 795
Unemployment 578 656
Social exclusion 202 229
Sickness/healthcare and disability 2,949 3,345
Old-age and survivors 3,789 4,298
Total 8,220 9,323
Source : Eurostat, ESSPROS
http://epp.eurostat.ec.europa.eu/portal/page/portal/social_protection/data/database
Note: the total expenditure indicated in the table 4 is lower than the total expenditure indicated by ESSPROS
because the latter includes expenditure on housing. As housing is not included in the scope of the study, it is not
included in the above table.
77 The European Integrated Social Security statistics system enables the comparison between European countries
of national administrative social security data. The information collected covers benefits, income and
expenditure for social protection, beneficiaries of pensions and net social protection benefits. 78 Theoretically, one PPS can buy the same amount of goods and services in each country. However, price
differences mean that different amounts of national currency units are needed for the same goods and services
depending on the country. PPSs are derived by dividing any economic aggregate of a country in national
currency by its purchasing power parity (PPP). The purchasing power standard is the technical term used by
Eurostat for the common currency in which national accounts aggregates are expressed when adjusted for price
level differences using PPPs. Thus, the PPP can be interpreted as the exchange rate of the PPS against the euro.
(Source: Eurostat Glossary)
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 50 of 60
Graph 4: Share of social security expenditure by type of benefit in 2010 (PPS per
inhabitant)
Source: Eurostat, ESSPROS
http://epp.eurostat.ec.europa.eu/portal/page/portal/social_protection/data/database
From the above table and graph, we note that old-age and survivor benefits represent the
largest share of social security expenditure in France (46% in PPS per capita). Sickness,
healthcare and invalidity, representing 36% of expenditure, is in second place.
This section, based on the analysis of statistics and research work, has enabled us to better
understand the situation of migrants for social security, by analysing the numerous variables
which can influence the take up of benefits and comparing the situation with national and EU
citizens.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 51 of 60
8. CONCLUSION: KEY FINDINGS
By analysing the administrative policies and practices that determine access to social
security and healthcare for third-country nationals, this study has enabled us to highlight
several elements. Firstly, we note that third-country nationals with a valid residence permit
and meeting the condition of continuous residence have the same rights as French nationals.
Therefore, there is no discrimination between categories of population.
The right to social protection is an essential component of human rights. Whilst France is
considered to be one of the most generous countries in terms of social protection, several
obstacles can be observed, in particular concerning the rules and practices of different
administrations. The main difficulties encountered by migrants are the language barrier, the
complexity of administrative rules and bottlenecks that may exist in the social security
affiliation process. These obstacles underline the need to better coordinate and harmonise
the rules and practices between administrations responsible for immigration and those
responsible for social security.
Access by migrants to social security and healthcare in France is closely linked to the socio-
economic context, as shown by the history of bilateral social security coordination
agreements. Nearly 40 bilateral agreements have been signed between France and third
countries, with the aim of facilitating worker mobility and guaranteeing the continuity of
rights to social security. Within the framework of European regulations and international
agreements, France spends more than €6 billion each year to export social benefits, with
the largest item being old-age pensions.
The three case-studies, as well as providing a comparative analysis of access procedures to
social security in Member States, also enable us to better understand the way in which each
country treats the question of access to social security and healthcare for third-country
nationals.
By analysing, in particular, the impact of immigration on public finances, research work on
the link between immigration and social protection highlights the complexity of the
relationship between the immigrant populations and their take up of social benefits, which
depend on numerous variables such as the migrant category, age or qualification level. The
analysis of statistical data also enables a better understanding of the situation of migrants with
regard to social protection, in comparison with French nationals. We note that the
employment level is higher for French and EU nationals than for third-country nationals.
Conversely, the unemployment level is higher for third-country nationals than for the other
two categories. This is also the case for the inactivity rate. Old-age and survivor benefits
represent the largest share in social security expenditure in France, for all population
categories, followed by sickness, healthcare and invalidity benefits.
Thus, the question of access to social security for third-country nationals, with a view to
facilitating their installation in EU Member States, raises several major challenges.
The synthesis report at a European level based on national contributions from the different
EMN National Contact Points will enable the identification of best practices and the
remaining challenges. It could also provide paths for reflection concerning the ways to
respond more efficiently to the needs of migrant workers, in the current socio-economic
climate.
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 52 of 60
ANNEXES
ANNEX 1. LIST OF INTERVIEWS CARRIED OUT
Social Security department, Social Affairs and Health Ministry
- François Brillanceau, Deputy Director within the Community and International
Affairs division
- Sophie Albert, Policy officer within the Community and International Affairs
Division
European and International Social Security Liaison Centre (CLEISS)
- Nicole Deletang, Director of Documentation and Communication
- Emmanuelle Eldar, Legal Affairs Director
- Antonio Araujo, Policy officer at the Financial and Statistical Studies department
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 53 of 60
ANNEX 2. TABLES AND GRAPHS
- Statistics on employment, unemployment and inactivity79
The data concerning employed workers, unemployed workers and inactive people is
distributed in three groups: third-country nationals, EU nationals and French citizens. For
increased comparability at the European level, it concerns individuals aged from 15 to 64
years.
1. Employment
The employment statistics in the tables and charts below refer to the age bracket 15-64.
Table 1 Employment rates for Member State nationals, other EU countries and Third
Country Nationals by sex, 2008-2012 (%)
2008 2009 2010 2011 2012
MS nationals 65.4 64.7 64.6 64.6 64.7
MS nationals - Males 69.8 68.7 68.3 68.4 68.3
MS nationals - Females 61.2 60.9 61.0 60.9 61.3
Other EU nationals 65.9 64.5 66.9 67.9 65.0
Other EU nationals - Males 72.2 71.2 74.6 74.1 70.7
Other EU nationals - Females 59.9 57.8 59.0 61.4 58.8
Third Country Nationals 49.7 46.0 45.9 45.4 46.2
Third Country Nationals -
Males 62.5 56.5 60.3 58.6 59.9
Third Country Nationals -
Females 37.4 36.1 33.0 33.8 33.9
Source: Eurostat, Labour Force Survey (lfsq_egan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
Figure 1 Trends in employment rates for Member State nationals, other EU nationals
and Third Country Nationals, 2008-2012 (%)
Source: Eurostat, Labour Force Survey (lfsq_egan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
79 Source : Employment Survey, Eurostat
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 54 of 60
Figure 2 Trends in employment rates for Member State nationals, other EU nationals
and Third Country Nationals by sex, 2008-2012 (%)
Source: Eurostat, Labour Force Survey (lfsq_egan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
2. Unemployment
The unemployment statistics in the tables and charts below refer to the age bracket 15-64.
Table 2 Unemployment rates for Member State nationals, other EU countries and Third
Country Nationals by sex, 2008-2012 (%)
2008 2009 2010 2011 2012
MS nationals 7.0 8.7 8.9 8.7 9.3
MS nationals - Males 6.5 8.4 8.6 8.3 9.2
MS nationals - Females 7.6 9.0 9.2 9.1 9.4
Other EU nationals 6.4 9.0 8.5 8.2 10.4
Other EU nationals - Males 6.4 9.2 6.8 7.2 10.0
Other EU nationals - Females 6.5 8.7 10.6 9.5 10.9
Third Country Nationals 19.1 23.7 23.1 25.0 24.9
Third Country Nationals -
Males 17.7 23.4 20.5 22.4 22.8
Third Country Nationals -
Females 21.3 24.1 27.1 28.8 28.1
Source: Eurostat, Labour Force Survey (lfsq_egan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 55 of 60
Figure 3 Trends in unemployment rates for Member State nationals, other EU nationals
and Third Country Nationals 2008-2012 (%)
Source: Eurostat, Labour Force Survey (lfsq_egan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
Figure 4 Trends in unemployment rates for Member State nationals, other EU nationals
and Third Country Nationals by sex, 2008-2012 (%)
Source: Eurostat, Labour Force Survey (lfsq_egan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
3. Inactivity
Table 3 Inactivity rates for Member State nationals, other EU countries and Third
Country Nationals, as a share of the population of the respective group, 2008-2012 (%)
2008 2009 2010 2011 2012
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 56 of 60
MS nationals 29.7 29.1 29.1 29.3 28.6
MS nationals - Males 25.4 25.0 25.2 25.4 24.8
MS nationals - Females 33.8 33.1 32.9 33.0 32.3
Other EU nationals 29.5 29.2 26.9 26.0 27.4
Other EU nationals - Males 22.9 21.6 19.9 20.2 21.4
Other EU nationals - Females 35.9 36.7 34.0 32.2 34.0
Third Country Nationals 38.5 39.8 40.3 39.4 38.5
Third Country Nationals - Males 24.0 26.3 24.2 24.5 22.4
Third Country Nationals - Females 52.6 52.4 54.7 52.6 52.9
Source: Eurostat, Labour Force Survey (lfsq_igan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
Figure 5 Trends in inactivity rates for Member State nationals, other EU nationals and
Third Country Nationals, as a share of the population of the respective group, 2008-2012
(%)
Source: Eurostat, Labour Force Survey (lfsq_igan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 57 of 60
Figure 6 Trends in inactivity rates for Member State nationals, other EU nationals and
Third Country Nationals, as a share of the population of the respective group, by sex,
2008-2012 (%)
Source: Eurostat, Labour Force Survey (lfsq_igan)
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 58 of 60
ANNEX 3. BIBLIOGRAPHY
1. Reports, studies and articles
- European and International Social Security Liaison Centre, Statistical report, 2012
http://www.cleiss.fr/docs/stats/rapport_stat_2012.pdf
- Chojnicki Xavier, Ragot Lionel, Immigration is expensive in France: what do the
economists think? (L'immigration coûte cher à la France : qu'en pensent les économistes ?),
Éditions Eyrolles-Les Échos, 2012
- Chojnicki Xavier, Ragot Lionel, Immigration, demographic ageing and financing of social
protection: an evaluation of the general, calculable balance applied to France (Immigration,
vieillissement démographique et financement de la protection sociale : une évaluation par
l’équilibre général calculable appliqué à la France), n°2011-13, CEPII, 2011
http://www.cepii.fr/francgraph/doctravail/pdf/2011/dt2011-13.pdf
- Chojnicki Xavier, Defoort Cécily, Drapier Carine, Ragot Lionel, Migrations and social
protection: study about the links and short and long-term impacts (Migrations et protection
sociale : étude sur les liens et les impacts de court et de long terme), report for the DREES-
MiRe (Research mission for the Research, Studies, Evaluation and Statistics department), July
2010
http://droit.univ-lille2.fr/uploads/media/Rapport_Drees_EQUIPPE_V3_02.pdf
- Social Security department, Key figures for Social Security 2012 (Les chiffres clés de la
Sécurité sociale 2012), July 2013
http://www.securite-sociale.fr/IMG/pdf/2013_chiffres_cles.pdf
- European Migration Network Study, Attracting qualified third-country nationals to France,
July 2013
http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-
migrations-REM/Les-publications-du-REM/Les-etudes/Attirer-les-talents-etrangers-en-
France
- National MISSOC Guide, Your social security rights in France, European Commission,
2012
http://ec.europa.eu/employment_social/empl_portal/SSRinEU/Your%20social%20security%2
0rights%20in%20France_fr.pdf
- Karine Michelet " Rights to social protection for foreign nationals. From the affirmation of
the right to its implementation", Informations sociales 6/ 2007 (n° 142), CNAF, p. 80-91
www.cairn.info/revue-informations-sociales-2007-6-page-80.htm
- OECD, International Migration Outlook 2013, 13 June 2013
http://www.oecd.org/fr/els/mig/pmi2013.htm
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 59 of 60
2. Legislative texts
a) National Legislation
Laws
- Law no. 93-1027 of 24 August 1993 relating to controlling immigration and the conditions
of entry and residence of foreign nationals in France
http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000530357
Codes
- Code for Entry and Residence of Foreigners and Right of Asylum (Code de l'entrée et du
séjour des étrangers et du droit d'asile)
http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070158&dateText
e=20140115
- Social Security Code
http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006073189
b) European Directives
- Directive 2003/109/CE of the Council on 25 November 2003 concerning the status of third-
country nationals who are long-term residents
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:016:0044:0053:FR:PDF
- Directive 2011/98/EU of the European Parliament and Council of 13 December 2011
establishing a single request procedure for a single permit authorising third-country nationals
to live and work in a Member State and establishing a common set of rights for workers from
third countries who are legally resident in a Member State
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:343:0001:0009:FR:PDF
3. Press articles
- Laurent Agnès (interview carried out by), Protection sociale et immigration: les chiffres
contre les clichés, interview de Xavier Chojnicki (Social protection and immigration: figures
against stereotypes), L'Express, 14 November 2011
http://lexpansion.lexpress.fr/economie/protection-sociale-et-immigration-les-chiffres-contre-
les-cliches_360187.html
4. Internet sites
- The Social Security public service portal: http://www.securite-sociale.fr/
- European and International Social Security Liaison Centre (CLEISS): http://www.cleiss.fr/
Main 2013 EMN Study
Migrant Access to Social Security and Healthcare in France
Page 60 of 60
5. Glossaries
- European Migration Network glossary
http://ec.europa.eu/dgs/home-affairs/what-we-
do/networks/european_migration_network/glossary/index_a_en.htm
- Eurostat glossary on living conditions and social protection
http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Category:Living_conditions_a
nd_social_protection_glossary/fr