Medical cover for inactive UK nationals resident in France

Under Community law, EU citizens’ freedom of movement and right of residence are principles and they cannot be required to obtain a residence permit. Nevertheless a 2004 directive lays down certain criteria for inactive [under retirement age and not working] persons such as students and members of their families:

Under Directive 2004/38/EC, the right of EU citizens to stay in a State other than their State of origin is conditional on two criteria:

- possession of a sickness insurance policy
- sufficient resources to ensure that they do not become a burden on the social services of the host member State during their stay.

Act 2006-911 of 24 July 2006 and Order No. 2007-371 of 21 March 2007 transposed this new directive into French law.

Under this legislation, which strictly respects these two conditions, inactive EU citizens coming to live in our country cannot have a right of residence unless they already possess medical cover.

In the light of this legislation, the French social security authorities wish to clarify the situation of British nationals:

1) There is no French legislation on medical insurance specifically covering British nationals. British nationals receive the same treatment, as regards rights and obligations, as all other European Union citizens residing or coming to reside in France.

2) There are no changes for people who can produce evidence (E 106 or E 121) of their right to sickness benefits under the NHS. They can continue to register with the CPAM [French sickness insurance office] of their place of residence in order to be eligible for French benefits provided on behalf of the British NHS, so long as their documents remain valid.

3) Inactive people already benefiting from the CMU under the previous rules are being given 6 months to take out private insurance. During this period they will continue to be covered by the CMU.

4) Inactive persons who come to reside in France and apply to join the CMU scheme will find their applications refused by the CPAMs since, under the terms of the European directive 2004/38 on the right of European Union citizens to reside freely within the territory of the member States (transposed in this respect by Order No. 2007-371 of 21 March 2007), they must possess a medical insurance policy prior to taking up residence in France.

5) Any inactive person not covered by the health insurance scheme of another member State when he/she decides to take up residence in France, must take out private health insurance before or immediately on arrival in France.

6) Instructions will soon be sent to the CPAMs drawing their attention to these provisions and making it clear that these apply to everyone covered by them; only people already registered with the CMU can benefit from the six-months’ period referred to in 3) above.

7) For any additional information on their personal situation, those concerned can contact the CNAMTS (English language telephone service 0033 8 20 90 42 12) or the CLEISS (0033 1 45 26 33 41).