The French government has presented a draft budget for the Social Security system in 2027, which includes a new residency requirement for non-EU foreigners seeking family benefits. The proposal, outlined in Article 37 of the draft budget, would require foreigners from outside the EU, EEA, and Switzerland to have resided in France for at least one year before being eligible for certain benefits. This measure is expected to impact many foreign families who rely on these benefits.
The proposed residency requirement would apply to various family benefits, including the Prestation d'Accueil du Jeune Enfant, Allocations Familiales, Complément Familial, Allocation de Soutien Familial, and Allocation de Rentrée Scolaire. Currently, no minimum residency period is required for these benefits. The government justifies this measure by citing a Constitutional Council decision from April 11, 2024, which allowed for a residency requirement for certain social benefits.
However, the draft budget also includes several exemptions to the residency requirement. Refugees, beneficiaries of subsidiary protection, and stateless individuals would be exempt, as well as foreigners who benefit from equal treatment with French citizens under EU law or international agreements. Additionally, certain certificates of residence, such as the 10-year certificate, may also exempt holders from the residency requirement.
Algerian citizens, who have a special agreement with France dating back to December 27, 1968, may also be exempt from the residency requirement. The agreement provides for certificates of residence rather than common residence permits, some of which authorize their holders to work. Those with a 10-year certificate or a one-year "private and family life" certificate may be exempt from the residency requirement.
The French government has announced plans to renegotiate certain agreements and conventions on social security, which may impact Algerian families. The draft budget has not yet been adopted and is subject to parliamentary debate and potential amendments. The National Assembly will examine the proposal in the coming weeks, followed by the Senate.
If adopted, the new residency requirement would take effect on a date to be determined by decree, but no later than July 1, 2027. Existing beneficiaries of family benefits do not need to take any action at this stage. The proposal is part of a broader effort to reduce the deficit in the basic Social Security regimes from €21.8 billion in 2026 to €12.7 billion in 2027.
Certain social benefits already have residency requirements for non-EU foreigners. For example, the Revenu de Solidarité Active (RSA) requires five years of residence permits authorizing work, while the Allocation de Solidarité aux Personnes Âgées (ASPA) requires ten years. The proposed residency requirement for family benefits marks a new development in France's social policy.
Key points
- The French government proposes a one-year residency requirement for non-EU foreigners seeking family benefits.
- Algerian citizens may be exempt from the residency requirement due to a special agreement with France.
- The proposal is subject to parliamentary debate and potential amendments before adoption.
