Question 16014 — foreigners

Summary

Mr. Bruno Fuchs alerts the Minister of the Interior to the problem of breaches of social rights for "sick foreigners", beneficiaries of a temporary residence card issued in application of article L. 313-11 11° of CESEDA, who request the renewal of their residence permit for health reasons. The procedure provides that the applicant, after submitting their renewal application file to the prefecture, sends their medical certificate to the territorial directorate of the OFII. This is examined by an OFII doctor who writes a medical report on the applicant's pathology. This report is sent to the college of doctors responsible for issuing an opinion to the prefect. This opinion indicates whether or not the foreigner still meets the criteria provided for by CESEDA, in particular on the possibility of appropriate treatment with regard to his pathology in the country from which the applicant for a residence permit for health reasons originates. Foreigners requesting the renewal of their residence permit are only issued with a receipt for their residence permit application (article R. 311-4 of the CESEDA) by the prefecture when it is informed by the medical service of the territorial directorate of the OFII of the transmission of the medical report to the OFII medical college (article R. 313-23 of the CESEDA). Given the length of the procedure attributable to the administration, this procedure results in the disruption of social rights to the extent that the applicant cannot present either a valid residence permit or a receipt to the social organizations. This is why the MP proposes to condition the issuance of the receipt provided for in article R. 311-4 of the CESEDA on receipt by the territorial management of the OFII of the certificate. medical and not the transmission of the medical report to the OFII college of doctors. He would like to know his opinion on this suggestion.

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