Question 11309 — foreigners

Summary

Mr. Aurélien Taché draws the attention of the Minister of State, Minister of the Interior, to the difficulties encountered by foreigners requesting a residence permit for health reasons, due to the current procedures for applying for and renewing this residence permit. Foreigners who apply for a residence permit for health reasons sometimes find themselves in a particularly difficult situation from the point of view of of their right to stay. In the current state of the law, these people find it difficult to obtain a receipt attesting to the steps they have taken with the prefecture to obtain a residence permit, a receipt which is nevertheless essential to prove that they are legally residing in France. Indeed, a foreigner who has submitted an application for a residence permit must be given a receipt which authorizes the presence of the person concerned on the territory, procedure applied for the issuance of receipts for all other residence permits. The information dated January 29, 2017 from the Ministry of the Interior and the Ministry of Health determines that the prefecture must provide the receipt for the residence permit for health reasons not upon submission of the application as for other permits, but when it obtains proof that the examination of the applicant's medical file has progressed to the OFII. Due to the OFII's lack of staff, this examination is extremely long and leads a certain number of people to wait several weeks for a receipt from the prefecture. In the absence of this receipt, foreigners may be arrested, placed in a detention center and risk losing their rights to health or work if it is a renewal. These breaches of rights place them in a situation precarious situation which harms their integration into French society. He is also concerned about the inequalities caused by this differentiated procedure and the instability of the situation of applicants for residence permits for health reasons. He questions the advisability of subjecting these foreign people to a specific, long procedure which seems unfavorable to their access to the law even though they meet the conditions to be eligible to apply for a residence permit.

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