Question 15212 — foreigners

Summary

Mr. Sylvain Carrière draws the attention of the Minister of Health, Families, Autonomy and Disabled People to the publication of the opinion of the National Council for AIDS and Viral Hepatitis (CNS) on the interest of improving the system of right of residence for medical reasons. Article L. 425-9 of the Code of Entry and Stay of Foreigners and the Right to Asylum provides for a right to stay for medical reasons. It allows the foreign persons "habitually residing in France" to stay regularly in the national territory when their "state of health requires medical care, the failure of which could have exceptionally serious consequences" and they cannot effectively benefit from appropriate treatment in their country of origin, due to the insufficiency of the care offer or the characteristics of the health system local. Even if this system was the subject of only 24,858 requests in 2023, including 4,533 by people living with the human immunodeficiency virus (HIV), it remains an essential pillar for public health and in particular for guaranteeing access to care for foreign people living in France with HIV or chronic viral hepatitis. However, as highlighted in the CNS opinion published in March 2026, this system is weakened. Foreigners are using this system less and less due to an increasingly complex administrative procedure and a significant drop in medical opinions favorable to obtaining a residence permit. This is explained in particular by the transfer of medical evaluation from regional health agencies reporting to the Ministry of Health to the French Office of Immigration and Integration (OFII) by the law of March 7, 2016. relating to the rights of foreigners. This transfer of skills was framed by a decree of January 5, 2017 setting the general guidelines for the exercise by OFII doctors of their missions, provided for in article L. 313-11 (11°) of the code of entry and stay of foreigners and the right to asylum. The CNS observes that this transfer resulted in a marginalization of the role of the Ministry of Health, which “retains skills essential regulatory frameworks to govern the practice of medical evaluation but does not use them. In a positioning document published in June 2025, numerous associations fighting HIV and sexual health such as AIDES or Sidaction as well as several learned societies and professional organizations had already expressed their concern about this deterioration. They warn of the risk of compromising progress made in the fight against HIV, even though the national sexual health strategy 2017-2030 sets the objective of ending HIV transmission in France. Under these conditions, the MP asks the Minister if she intends to reaffirm her responsibility and her role in the implementation of the system of the right to stay for medical reasons on the basis of the recommendations of the CNS, by revising the decree of January 5, 2017. He also asks for the measures it intends to put in place to ensure compliance with the general guidelines of this decree, whether through network management, information or training of OFII doctors.

Machine translation from French. The official text remains authoritative.

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1. 19 May 2026

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• Sylvain Carrière · auteur

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