Migrant Access to Social Security and Healthcare in France · 2017-01-04 · Main 2013 EMN Study...

Main 2013 Study

Migrant Access to Social Security and Healthcare in France

French Contact Point for the European Migration Network

February 2014

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PRESENTATION OF THE FRENCH CONTACT POINT

Contacts

- Marie-Hélène AMIEL : [email protected] Head of Department for Statistics, Studies and Documentation

- Raymond PRATS : [email protected] Deputy Head of Department

- Ophélie TARDIEU : [email protected] Coordinator of the French National Contact Point

- Caroline MULLER : [email protected] Policy officer within the European Migration Network

- Anne-Cécile JARASSE: [email protected] Policy officer within the European Migration Network

Address Point de contact national du Réseau européen des migrations Département des statistiques, des études et de la documentation Direction générale des étrangers en France Ministère de l’Intérieur Place Beauvau 75800 Paris Cedex 08

Internet sites - Official EMN website (in English): www.emn.europa.eu - French National Contact Point of EMN website: http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-migrations-REM

French Contact Point: In France, the National Contact Point (NCP) for the European Migration Network (EMN) is attached to the Directorate-General for Foreign Nationals in France of the Ministry of the Interior.

mailto:[email protected]





http://www.emn.europa.eu/

http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-migrations-REM

http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-migrations-REM

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MIGRANT ACCESS TO SOCIAL SECURITY AND HEALTHCARE IN

FRANCE

Study conducted by the French National Contact Point

for the European Migration Network (EMN)

February 2014

Disclaimer:

The FR EMN NCP has provided information that is, to the best of its knowledge, up-to-date,

objective and reliable within the context and confines of this study. The information may thus not

provide a complete description and may not represent the entirety of the official Policy of France.

The FR EMN NCP accepts no responsibility or liability whatsoever with regard to the use made of

the information contained in this study.

The European Migration Network was created up by the Council Decision 2008/381/CE and is

coordinated by the European Commission.

The French National Contact Point for the EMN is funded by the European Union and the

Directorate-General for Foreign Nationals in France of the Ministry of the Interior.

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LIST OF ACRONYMS

- CAF: Family Benefit Fund (Caisse d'allocations familiales)

- CESEDA: Code on Entry and Residence of Foreigners and Right of Asylum (Code de

l'entrée et du séjour des étrangers et du droit d'asile)

- CLEISS: European and International Social Security Liaison Centre (Centre des liaisons

européennes et internationales de Sécurité sociale)

- CNAV: National Old-Age Insurance Fund (Caisse nationale d'assurance retraite)

- CPAM: Primary Health Insurance Fund (Caisse primaire d'assurance maladie)

- MISSOC : Mutual Information System on Social Protection

(Système d'information mutuelle sur la protection sociale)

- RSA: Active Solidarity Income (Revenu de solidarité active)

- ESSPROS: European System of Integrated Social Protection Statistics (Système européen de

statistiques intégrées de la protection sociale (SESPROS)).

- SMIC: Statutory Minimum Wage (Salaire minimum interprofessionnel de croissance)

- PPS: Purchasing Power Standard (Standard de pouvoir d'achat (SPA)

- EU-SILC: European Union Statistics on Income and Living Conditions (Statistiques de

l’Union européenne sur le revenu et les conditions de vie (SRCV-UE))

- VLS-TS: Long-stay visa equivalent to a residence permit (visa de long séjour valant titre de

séjour)

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SUMMARY

EXECUTIVE SUMMARY ........................................................................................................... 8

1. INTRODUCTION: OBJECTIVES, METHODOLOGY AND DEFINITIONS ............... 11 1.1 Objectives................................................................................................................................. 11 1.2 Definitions ................................................................................................................................ 12 1.3 Methodology ............................................................................................................................ 12

2. OVERVIEW OF THE NATIONAL SOCIAL SECURITY SYSTEM AND HOW IT

APPLIES TO MIGRANTS FROM THIRD COUNTRIES .................................................... 15 2.1. Overview of social security benefits and programmes and their financing mechanisms ...... 15

2.1.1 The social security system in France............................................................................... 15 2.1.2. Other social security benefits not included in the MISSOC .......................................... 23

2.2. Link between policies in relation to social security and to immigration in France ................ 23

2.3. Changes to the eligibility rules for social security programmes and benefits ........................ 23

3. NATIONAL RULES FOR ACCESS TO SOCIAL SECURITY BY THIRD-COUNTRY

NATIONALS ............................................................................................................................... 24

3.1. Minimum residence period ..................................................................................................... 24 3.2. “Exportability” of benefits ...................................................................................................... 25

3.3. Minimum employment and contribution period ..................................................................... 25 3.4. Immigration-specific conditions ............................................................................................. 26

3.5. Other required conditions ........................................................................................................ 27

4. ADMINISTRATIVE PRACTICES THAT AFFECT THIRD-COUNTY NATIONALS’

ACCESS TO SOCIAL SECURITY .......................................................................................... 28 4.1. The application of discretionary criteria, such as the habitual residence condition ............... 28

4.2. Factors taken into account ....................................................................................................... 28 4.3. Application of discretionary criteria: circulars, guidelines, officer training ........................... 28 4.4 Link between a claim for social benefits and residence permit renewal, application for

naturalisation or for family reunification ....................................................................................... 29

4.5. Translation and other forms of support available to third-country nationals .......................... 30

5. EXTERNAL DIMENSION OF SOCIAL SECURITY ....................................................... 32 5.1. List of bilateral agreements for coordination on social security that exist between France and

third countries ................................................................................................................................ 33 5.2. Presentation of bilateral social security agreements concluded between France and third

countries ......................................................................................................................................... 36

5.3. Examples of third-country nationals who have invoked their rights under the bilateral social

security agreements reached between France and third countries ................................................. 39

6. CASE-STUDIES ...................................................................................................................... 40

7. STATISTICS ON SOCIAL SECURITY PAYMENTS RELATED TO MIGRATION .. 42 7.1. Statistics on employment, unemployment and inactivity in France ....................................... 42

7.2. Statistics and research on the take up of social security benefits among third-country

nationals. ........................................................................................................................................ 46 7.3. Cost of social security benefits in France ............................................................................... 48

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8. CONCLUSION: KEY FINDINGS ........................................................................................ 51

ANNEXES .................................................................................................................................... 52 ANNEX 1. LIST OF INTERVIEWS CARRIED OUT ................................................................. 52

ANNEX 2. TABLES AND GRAPHS ........................................................................................... 53 1. Employment ......................................................................................................................... 53 2. Unemployment ..................................................................................................................... 54 3. Inactivity .............................................................................................................................. 55

ANNEX 3. BIBLIOGRAPHY ....................................................................................................... 58

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TABLES AND GRAPHS

Table 1: Employment rate of French, other EU Member States and third-country nationals

between 2008 and 2012 (%)............................................................................................................. 43

Graph 1: Trends in employment rates of French, EU Member States and third-country

nationals, 2008-2012 (%) ................................................................................................................. 43

Table 2: Unemployment rates for French, other EU Member States and third-country

nationals between 2008 and 2012 (%) ............................................................................................ 44

Graph 2: Trends in unemployment rates of French, other EU Member States and third-

country nationals between 2008 and 2012 (%) .............................................................................. 45

Table 3: Inactivity rate of French, other EU Member States and third-country nationals

between 2008 and 2012 (%)............................................................................................................. 45

Graph 3: Trends in inactivity rates for French, other EU Member States and third-country

nationals between 2008 and 2012 (%) ............................................................................................ 46

Table 4: Social security expenditure classed by type of benefit in 2010 (in PPS per inhabitant

and euro per inhabitant).................................................................................................................. 49

Graph 4: Share of social security expenditure by type of benefit in 2010 (PPS per inhabitant)

............................................................................................................................................................ 50

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EXECUTIVE SUMMARY

At a time when European Union Member States are confronted with major challenges linked to

ageing populations and increasing labour market volatility, the question of the adaptation of social

security and healthcare systems has particular importance for migrant populations. Immigration of

third-country nationals within the EU is increasing and becoming more complex, with different

migration types, durations and multiple migrant categories. New challenges must be met to adapt

social security systems to address the needs of migrant workers and members of their families. They

often face obstacles, starting with the complexity of national rules and more or less restrictive

access conditions depending on the country. Nonetheless, the adaptation of national social security

systems can be perceived as an important element in strategies aimed at attracting foreign workers

within the EU.

Access to social security for third-country nationals in EU Member States represents a particularly

important challenge, as they may lose their rights to social security benefits and healthcare in their

home country due to their absence, whilst at the same time as being confronted with restrictive

access conditions to benefits in their destination country.

The EU recognises the importance of access to social security for the integration of third-country

nationals in the destination country. In 1999, the Tampere European Council called on Member

States to develop more dynamic integration policies that aim to grant third-country nationals, who

reside legally on their territory, rights and obligations comparable to those of EU citizens. In 2011,

this commitment was enshrined in the "Single Permit" Directive1 , which provides that third-

country nationals working legally within the EU enjoy common rights, similar to those of EU

nationals with regard to working conditions, pensions, social security and access to public services.

Long-term residents and researchers enjoy similar provisions under Directives 2003/109/CE and

2005/71/CE.

However, with the exception of several categories such as single permit holders, long-term residents

and researchers, the equal treatment of third-country nationals with regard to social security

provisions is determined by individual Member States, and there is considerable variation in

entitlements to social benefits. The impact analysis drafted by the European Commission in 2007 on

the proposal of a single permit and a common set of rights for third-country nationals2 shows that

there is a difference between the rights of workers from third countries and those of nationals or

long-term EU residents. The analysis also reveals that rights may be different depending on the

nationality of third-country workers and the Member State in which they are staying.

In a communication published in 20123, the European Commission also encouraged the

reinforcement of coordination for social security between Member States and third countries,

highlighting that migrants and companies in third countries are often confronted with different

social security systems, which make their installation and movements within the European Union

more complicated.

1 Directive 2011/98/EU of the European Parliament and Council of 13 December 2011 establishing a single request

procedure for a single permit authorising third-country nationals to live and work in a Member State and establishing a

common set of rights for workers from third countries who are legally resident in a Member State. 2European Commission services working document, document accompanying the Council directive proposal

establishing a single request procedure for a single permit authorising third-country nationals to live and work in a

Member State and establishing a common set of rights for workers from third countries who are legally resident in a

Member State. 3 COM(2012)153final of 30.03.2012, Communication from the Commission to the European Parliament, the Council,

the European Economic and Social Commission and the Committee of the Regions, The external dimension of EU

Social Security coordination.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:343:0001:0009:FR:PDF

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007SC1393:FR:HTML

http://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC8QFjAA&url=http%3A%2F%2Fec.europa.eu%2Fsocial%2FBlobServlet%3FdocId%3D7549%26langId%3Dfr&ei=vb7XUoX2He3R4QSq04DABQ&usg=AFQjCNGW-HWKshsdDrUH0HMZJP4L-BcaOA&bvm=bv.59568121,d.bGE

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Recognising that experiences of third-country nationals vary considerably in different Member

States, the objective of this study is to identify the policies and administrative practices that

determine access to social security and healthcare for third-country nationals. Depending on

the country, access conditions may be linked to nationality, employment periods, contribution

duration, or residence. The question of the exportability of rights is also considered differently in

different Member States. Access conditions to different social benefits may also vary according to

the category of migrant.

The French Social Security system, based on a 'Bismarkian' model, was created by executive order

on 4 and 19 October 1945. The 4 October 1945 order, in particular, created a general 'regime',

bringing together all workers (employees in the private and public sectors, agricultural workers,

self-employed workers and specific sectors of activity), whilst recognising the continuation of some

specific pre-existing social security systems, known as "special regimes".

Migrant access to social security and healthcare in France is closely linked to the socio-economic

context, with the initial objective being to facilitate immigration of foreign workers in France to fill

workforce needs. Introduced in the 1980s for family benefits, the condition of legal residence was

generalised by the law of 24 August 1993. In accordance with Article L.115-6 of the Social Security

Code4, the residence permit is the determining factor for access to social security for a third-

country national who has come to live in France. Subject to being declared to the authorities for

work and being legally resident, third-country nationals broadly benefit from the same rights to

social security as French citizens.

In accordance with the principles of freedom of movement and equality of treatment, European

nationals affiliated to the social security system in France benefit from the same rights as French

nationals5.

This study is based on research work and interviews with the main stakeholders (section 1). It is

the first study on this subject within the framework of the European Migration Network.

The study will first describe the social security system in France and provide an overview of the

rules that determine rights to social security and healthcare for third-country nationals (section 2). A

foreign national affiliated to the social security system as an employed worker comes under general

law. As long as he holds a valid residence permit and fulfils the habitual residence test, he will not

be discriminated against for access to social security.

The study will then analyse in more detail the conditions of access for third-country nationals to

social security in France (section 3). The aim is to examine if there is a difference between

categories of third-country nationals on the one hand, and between French nationals and third-

country nationals on the other.

The following section aims to examine if Member States apply discretionary conditions to

determine eligibility of third-country nationals to social benefits (section 4). Whilst the French

system is not based on discretionary criteria, several obstacles may be observed linked to the rules

and practices of different administrations.

Bilateral agreements for social security coordination aim to facilitate worker mobility and

guarantee continuity of social security rights (section 5). Nearly 40 agreements of this type have

been signed between France and third countries, as part of economic relations which have varied

over time. The first agreements, signed mainly with former colonies, aimed to facilitate the

immigration of a foreign workforce to France and ensure that those workers received certain

4 "Foreign nationals can only be affiliated to an obligatory social security regime if they are in a legal situation with

regards to legislation on residency and work in France or if they hold a receipt of renewal for a residence permit".

(Article L.115-6 of the Social Security Code) 5 It is important to note that access rules are different depending on the status of the European national (for example:

worker, student, unemployed workers or retired person).

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benefits, notably old-age pensions, when they returned to their home country. A new series of

agreements was signed in the 2000s to accompany the growth in exchanges with OECD countries

and encourage mobility of managers in large companies.

Using three case-studies, the aim is then to better understand, in practice, rights and access rules to

social security for third-country nationals within each Member State (section 6).

The statistical data presented in the following section will enable the comparison of situations of

third-country, French and other EU nationals (section 7). The objective is to focus on the number of

employed, unemployed and inactive people, study how third-country nationals use benefits and

estimate the cost of social security benefits destined for this population.

The executive summary, drafted on a European scale from studies by the EMN National Contact

Points, will provide a comparative analysis, between EU Member States, of the administrative

rules and practices related to access to social security for third-country nationals. The report

also aims to compare the rights of third-country nationals with those of nationals of the Member

State in which they live. It will highlight best practices and identify the remaining challenges faced.

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1. INTRODUCTION: OBJECTIVES, METHODOLOGY AND DEFINITIONS

This study aims to better understand the policies relating to social security access for third-country

nationals and their families within European Union Member States. Whilst several ad hoc queries6

have already been conducted on this subject by the EMN National Contact Points, this is the first

study by the European Migration Network on this theme.

1.1 Objectives

This study is intended for policymakers, experts, researchers and all other stakeholders having an

interest in issues linked to migrant access to social security benefits and healthcare.

The study has several objectives:

- Provide an overview of access conditions to social security and healthcare for third-

country nationals in France;

- Compare the rights of third-country and French nationals7 ;

- Identify eligibility rules to benefits in the different social security branches and analyse

administrative practices that determine access to social security, from the example of the

"habitual residence" criteria or other eligibility rules containing discretionary conditions;

- Review bilateral agreements for coordination on social security that exist between

France and third countries.

The study will concentrate on the rules, institutions and administrative practices that determine

access to social security and healthcare for third-country nationals only. More precisely, the study

will concentrate on two main categories of third-country nationals: those holding long-term

residence permits and those holding fixed-term residence permits:

- The first category includes two sub-categories: long-term residents as provided for under

Articles 4 to 7 of Directive 2003/109/CE8 and long-term residents as defined by national

legislation9.

- Third-country nationals who fall within the second category are distinguished by their

'status' as: workers (including EU Blue Card-holders, researchers, seasonal workers, cross-

border workers and workers with any other type of fixed-term residence status), self-

employed workers, unemployed persons and family members of third-country nationals.

Depending on the Member state, benefits may not be accessible to all these categories. The study

will attempt to analyse these differences.

Several categories of third-country nationals are not included in this study for several reasons:

- Mobile third-country nationals, including cross-border workers and those who have been

posted and transferred from one Member State to another, as social security and healthcare

rights of these third-country nationals are covered by the EU's social security coordination

rules. The Regulation (EU) no.1231/201010 extended these rights to third-country nationals

in a cross-border situation, their family members and survivors.

6 See http://ec.europa.eu/dgs/home-affairs/what-we-

do/networks/european_migration_network/reports/adhocqueries/index_en.htm 7 The comparison does not extend to "mobile" EU citizens, i.e. EU citizens who move to live in a second EU Member

State, and whose rights are governed by European Social Security system coordination rules. 8 Directive 2003/109/CE of the Council on 25 November 2003 concerning the status of third-country nationals who are

long-term residents. 9 Resident and long-term-EU resident cards are valid for 10 years. 10 EU ruling no1231/2010 of the European Parliament and Council on 24 November 2010 aiming to extend the EC


http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/reports/adhocqueries/index_en.htm

http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/reports/adhocqueries/index_en.htm



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- Students, whose rights to social security and healthcare have been analysed as part of a

recent EMN study on the immigration of international students in France11 ;

- Asylum seekers, refugees and victims of human trafficking are covered by specific rules;

- Tourists and other categories of visitors;

- Irregular migrants, which pose different challenges and have already been the focus of

other EMN studies;

Whilst this study concentrates on the situation of third-country nationals, social security and

healthcare rights for EU Member State nationals will also be analysed to examine if third-country

nationals are treated differently. This study will also observe if different criteria apply according to

the different migrant categories.

1.2 Definitions

The key terms used in this study are based on the definitions elaborated in the EMN glossary12.

A third-country national13 refers to any person who is not a European Union citizen, within the

meaning of Article 20, Paragraph 1 of the Treaty on the Functioning of the European Union, nor is a

person enjoying the Union right to freedom of movement as defined in Article 2 (5) of the

Schengen Borders Code.

The study will examine the discretionary nature of eligibility rules for certain social benefits. In

some Member States, officials responsible for examining benefit access requests may exercise a

power of appreciation, generally on the basis of an interview with the individual, to determine

whether the candidate meets the required criteria, taking into account his particular situation. The

"habitual residence criteria", which implies a close link between the candidate and the country in

which the benefits will be paid, is an example of a discretionary criterion. Whilst the term "habitual

residence" is not always defined in national or European regulations, the European Union Court of

Justice has established jurisprudence to ensure some coherence over the use of the term in Member

States, for example, by indicating that the duration, continuity and nature of the current residence,

the reasons which made the candidate come to a Member State and the "centre of interest" of the

candidate must be taken into consideration14. These factors still leave an important margin for

appreciation by officials in charge of the decision. Depending on Member States, the latter often

receive a code of conduct or other guidelines to guarantee that the term "habitual residence" and the

other appreciation criteria are applied in a coherent way to each candidate. In France, section 4

shows, however, that there are no discretionary criteria determining access to social benefits.

1.3 Methodology

This study is based on a series of interviews carried out in October 2013 with several stakeholders

as well as a varied collection of written sources.

ruling no. 883/2004 and the EC ruling no. 987/2009 to third-country nationals who are not already covered by these

rules solely because of their nationality. 11 European Migration Network studyImmigration of international students in France, September 2012 12 English version of EMN Glossary 2.0 13 Ibid. 14 Case C-90/97 Swaddling [1999] ECR I-1075; Case C-76/76 Di Paolo [1977] ECR 315, paragraphs 17 to 20, and Case

C-102/91 Knoch [1992] ECR, I-4341, paragraphs 21 and 23

http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-migrations-REM/Les-publications-du-REM/Les-etudes/L-immigration-des-etudiants-etrangers-en-France

http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/docs/emn-glossary-fr-version.pdf

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The first interviews were conducted with representatives of the Community Affairs and

International Relations division of the Social Security Department15, attached to the Social Affairs

and Health Ministry. These enabled us to obtain a general overview of third-country nationals'

access to social security in France, before a more in-depth analysis of several study aspects, in

particular, the difficulties that may be encountered by third-country nationals during their social

security affiliation, the importance of the habitual residence criteria, and the history of bilateral

social security coordination agreements.

Interviews were then carried out with several representatives at the European and International

Social Security Liaison Centre (CLEISS)16. The objective was to develop certain study points, in

particular, social security and healthcare access rules for third-country nationals and bilateral social

security coordination agreements. The CLEISS statistical report17, including a section on foreign

workers in France, was a particularly useful source of information for this study.

This study was also carried out based on various information sources, including reports from

relevant organisations, national or international studies, press articles, social security information

portals and statistical sources.

Most international research on the link between immigration and social protection has considered

whether migrants receive more benefits than nationals. Contrasting with some public opinion

perceptions, considering migrants as a "social charge", existing research work reflects a more

complex reality.

In France, we note that relatively few studies or reports have been conducted on policies and

practices relating to migrants' access to social security. Several research works have been more

interested in the impact of immigration on public finances18, with the aim of dispelling certain

accepted ideas.

The statistical data analysed in this study was collected by Eurostat, complemented by the CLEISS

statistical report19.

Faced with the diversity of social security systems and the complexity of administrative regulations

and practices observed in Member States, it may seem difficult to carry out a comparative analysis

in this area. This study, therefore, is based on a common list of benefits, as presented in the guide

drafted by national MISSOC correspondents20, the Mutual Information system on Social Protection

15 The Social Security department is responsible for drafting and implementing social security policy. It supervises all

the Social Security organisations (General Social Security fund, Social Security funds for self-employed workers other

than agricultural workers, and special social security funds). It also participates in monitoring the supplementary

protection and mutuality organisations. Its general mission is to ensure the adequacy of Social Security benefits with the

population's needs, whilst ensuring the financial balance of the regimes. The SSD's missions also include significant

European and international dimensions. The Community Affairs and International Relations division is responsible for

carrying out negotiations and monitoring European and international commitments made by France in terms of social

security (bilateral conventions and coordination regulations). 16 Financed by the French social security regimes, the CLEISS acts as a liaison between the French and international

social security organisations for the application of Union regulations and bilateral and multilateral social security

agreements. Each year, it produces a statistical report that retraces the financial and human flows between States, as part

of international social security coordination. 17 European and International Social Security Liaison Centre, Statistical report, 2012 18 Chojnicki Xavier, Ragot Lionel, Immigration, demographic ageing and financing of social protection : an evaluation

of the general calculable balance applied to France, n°2011-13, CEPII, 2011 19 European and International Social Security Liaison Centre, Statistical report, 2012 20 The MISSOC (Mutual Information System on Social Protection) is the information system established by the

European Union to provide complete, comparable and regularly updated data on national social protection systems,

http://www.cleiss.fr/docs/stats/rapport_stat_2012.pdf

http://www.cepii.fr/francgraph/doctravail/pdf/2011/dt2011-13.pdf



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set up by the European Union. Each EMN National Contact Point is asked to review the eligibility

of third-country nationals for social security and healthcare based on this list. The categorisation of

social security benefits in 11 groups or "branches" dedicated to specific "risks" provides a basis for

presenting the variety of social security benefits that exist in each Member State21 and providing a

pertinent comparative analysis at a European level. The 11 branches are:

- Healthcare

- Sickness cash benefits

- Maternity and paternity benefits

- Invalidity benefits

- Old-age pensions and benefits

- Survivors' benefits

- Benefits in respect of accidents at work and occupational diseases

- Family benefits

- Unemployment benefits22

- Guaranteed minimum resources

- Long-term care benefits

By presenting an overview of the rules and practices that determine access for third-country

nationals to social security in France, and identifying the challenges and obstacles to which they

may be confronted, this study has an interest for policymakers, administrations responsible for these

questions and the wider public with an interest in this subject.

available in English, French and German. The MISSOC publishes comparative tables on social protection covering 32

countries.

The MISSOC guides explain the rights of EU citizens who move from one Member State to another, as a result of

Regulation (EC) no. 883/04 on the coordination of social security systems. 21 With the exception of "guaranteed minimum resources", these "branches of social security" are covered by Article

3(1) of Regulation (EC) no. 883/04 on the coordination of social security systems. For the purposes of Regulation (EC)

no. 883/04, benefits which fall under the category of "guaranteed minimum resources" are considered social assistance

and are not subject to EU coordination rules. 22 Please refer also to Decision C-443/11 of the European Court of Justice on unemployment benefits.

http://ec.europa.eu/social/main.jsp?catId=858&langId=fr

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2. OVERVIEW OF THE NATIONAL SOCIAL SECURITY SYSTEM AND HOW

IT APPLIES TO MIGRANTS FROM THIRD COUNTRIES

This section provides an overview of the national systems of social security in Member States, and

more particularly the benefits accessible to third-country nationals. It aims to establish a list of

programmes and benefits available in Member States, to analyse their financing mechanisms

(contributory, non-contributory or mixed) and to determine which are accessible to third-country

nationals.

Significant variations exist in the organisation and financing of social security systems in EU

Member States. While no common policy exists with regard to social security, the Mutual

Information System on Social Security (MISSOC) provides a common way of categorising the

variety of social security benefits and programmes that exist in each Member State.

2.1. Overview of social security benefits and programmes and their financing

mechanisms

Different combinations of social security regimes are possible in Member States, based on

contributory or non-contributory financing mechanisms. Contributory social security regimes are

financed by national social contributions paid by employers and employees, whereas non-

contributory regimes are financed by general fiscal revenues.

In France, social benefits have mixed financing, although they tend to be based more and more on

taxes, instead of contributions. It may be noted that non-contributory benefits, i.e. those benefits

provided without contributions, are linked to a condition of continuous, legal residence.

The logic of non-contributory protection, based on the idea of legal residence and not on the

exercise of paid work, was introduced progressively, with first the creation of a minimum old-age

pension, and then the extension to people with difficulties in entering or remaining in employment.

2.1.1 The social security system in France

In France, the social insurance system is compulsory. Affiliation is based firstly on an employment

criterion, and secondarily on a residence criterion. The system is financed both by contributions and

taxes.

The French social security system is made up of a number of 'regimes', managed by the different

social security funds.

a) Organisation and management of Social Security in France23

Four types of risks can be distinguished, forming the four "branches" of Social Security:

- the sickness branch (sickness, maternity, paternity, invalidity, death):

The Social Security sickness branch covers healthcare expenses for sick insured persons and

guarantees access to treatment. It is managed by the three main health insurance regimes - the

general regime (National Sickness Insurance Fund for Employees (CNAMTS)), the agricultural

regime (Agricultural Social Mutual Benefit Fund (MSA)) and the Social Protection Scheme for

Self-employed workers (RSI), - the three of which are grouped within the National Union of Health

Insurance Funds (UNCAM).

23 Source: the Social Security public service portal: http://www.securite-sociale.fr

http://www.securite-sociale.fr/

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- the family branch (including disability and housing):

The Social Security family branch manages family benefits. Its main task is to reduce inequalities in

living standards for households, taking into account the number of children. Support provided by

the family branch covers 4 main areas: support for families in their everyday life, early childhood,

access to housing and the fight against insecurity or disability.

For the general regime, the family branch is managed by a network formed by the National Family

Benefit Fund (CNAF) and all the local Family Benefit Funds (CAF). The family benefits for the

agricultural regime are managed by the MSA.

Family risks are managed by some special regimes: National Fund for Electricity and Gas Industries

(CNEIG), the SNCF (railways) and RATP (Paris transports) insurance and pension funds.

- the work-related accidents and occupational diseases branch (AT/MP):

The AT/MP branch manages work-related risks to which employees may be exposed.

It is often managed by the same organisations as the sickness branch. For the general employee

regime, management of work-related risks is delegated to the Commission for Accidents at Work

and Occupational Diseases (CAT/MP) of the National Sickness Insurance Fund for Employees

(CNAMTS).

Some regimes, including the SNCF (railways) and EDF-GDF (electricity-gas), have their own

special social security organisations, but come under the general regime for all or part of their risks.

- the retirement branch (old-age and widowhood):

All the compulsory basic or supplementary pension regimes in France are based on the pay-as-you-

go principle. The regimes redistribute as pensions to retired people the contributions collected from

active workers the same year.

The retirement branch is mainly managed by the National Old-Age Insurance Fund (CNAV) for the

general regime, the RSI for self-employed workers, the MSA for agricultural workers and the

different special regimes.

The contributions and collection branch carries out treasury management for Social Security.

More precisely, this branch collects the Social Security contributions and taxes from companies,

individuals, etc, which are then redistributed to the Social Security Funds to finance benefits.

The national collection fund for the Social Security general regime is the Central Agency for Social

Security Bodies (ACOSS). Treasury management is also carried out by the Agricultural Social

Mutual Benefit Fund for the agricultural regime and by Agirc-Arrco for supplementary pension

schemes.

The French Social Security regime24 includes five main groups:

- the general regime, which covers most employees and other categories, such as students,

beneficiaries of certain benefits, simple residents;

- special employee regimes, of which some cover all risks, and others only old-age risks

(with beneficiaries coming under the general regime for the other risks);

- the agricultural regime, covering all risks, but distinguishing between farmers and

agricultural employees;

24 MISSOC Guide, Your Social Security rights in France, European Commission, 2012

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- non-agricultural self-employed workers regimes: three autonomous regimes of old-age

insurance (craft workers, traders and industrials as well as liberal professionals) and a

sickness insurance regime;

- the unemployment regimes and compulsory supplementary pension regimes.

b) Social Security Institutional framework

The main Social Security institutions are the Social Security Funds and supervising organisations,

broken down as follows:

- The Social Security Funds

The Social Security Funds for the different regimes25 are responsible for financial assistance for the

different risks (sickness, family, retirement, work-related accidents/occupational diseases). The

Social Security organisations are private bodies mandated to carry out a public service function.

The different Social Security regimes and funds 26

The French Social Security system is composed of several different regimes: the general regime, the

agricultural regime, the self-employed regime and the special regimes:

The general regime, which covers most employees, is a broad network comprising four national

funds and numerous organisations:

- The Central Agency for Social Security Bodies (ACOSS) includes the Social Security and

Family Benefit Contribution Collection Offices (URSSAF) and the General Social Security Fund

(for French Overseas Departments and Territories). ACOSS is responsible for redistributing funds

destined for financing the benefits for the 4 branches (sickness, family, retirement, work-related

accidents/occupational diseases).

- The National Family Benefit Fund (CNAF), represented at a local level by Family Benefit

Funds (CAF).

- The National Sickness Insurance Fund for Employees (CNAMTS), is made up of the Primary

Health Insurance Fund (CPAM), the Old-Age Insurance and Health at Work Fund and the General

Social Security Fund (French Overseas Departments and Territories)

- The National Old-Age Insurance Fund for Employees (CNAVTS), is made up of the Old-Age

Insurance and Health at Work Fund and the General Social Security Fund (French Overseas

Departments and Territories)

The agricultural regime covers farmers and agricultural employees. It is managed by the

Agricultural Social Mutual Benefit Fund (MSA), represented at a local level by the MSA funds.

The Social Security Fund for self-employed workers (RSI) is organised around a network of

regional funds. Self-employed workers and certain company directors carrying out craft, sales and

industrial activities are attached to the RSI for all their social taxes and contributions, as well as

liberal professionals for sickness-maternity insurance.

The different special regimes27 are each managed by specific funds.

25 General regime, agricultural regime, self-employed regime, special regimes. 26 Social Security Institutional organisation chart: http://www.securite-sociale.fr/Organigramme-institutionnel-de-la-

Securite-sociale?type=part#chap1 27 Regime for State civil servants and armed forces, regime for local authorities, special company regimes and

http://www.securite-sociale.fr/Organigramme-institutionnel-de-la-Securite-sociale?type=part#chap1

http://www.securite-sociale.fr/Organigramme-institutionnel-de-la-Securite-sociale?type=part#chap1

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- Supervising organisations

The Social Security Department (DSS), attached to the Social Affairs and Health Ministry and the

Economy and Finance Ministry, is responsible for drafting and implementing Social Security

policy. It supervises all the Social Security organisations, General Social Security fund, Social

Security funds for self-employed workers other than agricultural workers, and special social

security funds.

It also participates in monitoring the supplementary protection organisations and mutual funds, and

works in liaison with these organisations. Its general mission is to ensure the adequacy of Social

Security benefits with the population's needs, whilst ensuring the financial balance of the regimes.

The Social Security Administration is supported by several partner institutions: the Social Security

Audit Commission (CCSS), the Social Security Assessment and Monitoring mission (MECSS), the

Alert Committee for Health Insurance Spending (COMAM), the High Council for the Future of

Health Insurance (HCAAM), the National Committee for fighting against fraud (CNLF), the

Retirement Guidance Council (COR), the High Council for Families (HCF), and the High Council

for Social Protection Financing (HCFi-PS).

equivalent (SNCF regime, RATP regime...), seamens' regime, regime for French citizens abroad, regime for students,

specific regime for parliament.

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Table 2.1. Overview of the French Social Security system as it applies to third-country nationals

The table below is based on information presented in the national MISSOC guide28, the European Union Mutual Information System on Social

Protection. It presents a general overview of the French social security regime, whilst studying benefits accessible to third-country nationals. It is

important to note that the legal residence on the French territory is the primary condition for access to the benefits listed above.

"Branch" of social security

Benefits and programmes included in each branch

Financing

mechanisms

(contributory/non-

contributory/mixed)

Accessibility by third-country nationals

I. Healthcare 1. Medical treatment

2. Hospitalisation

3. Dental care

4. Pharmaceutical products

5. Prosthesis, optical, acoustic

6. Other benefits (medical auxiliaries, transportation

in the event of hospitalisation, cures, etc.)

Mixed

All foreign nationals in employment

(employee or self-employed) or

alternatively, in continuous, legal residence

in French territory.

Derived rights: people who are dependant

on the insured person.

II. Sickness cash benefits 1. Salary maintained by the employer

2. Social protection benefits (part of the salary, death

benefit, daily end-of-life support allowance, daily

parental presence allowance)

Mixed All foreign nationals in employment, except

for some self-employed workers

III. Maternity and paternity

benefits

1. Benefits in kind (total coverage of expenses for

pregnancy and birth)

2. Paid maternity/paternity leave

3. Cash benefits (daily maternity, adoption and

paternity benefits)

Mixed Distinction between:

- benefits in kind: all foreign nationals in

employment or continuous, legal residents;

- cash benefits (daily maternity, adoption

and paternity benefits): all foreign nationals

in employment.

28 National MISSOC guide, Your Social Security rights in France, European Commission, 2012

http://ec.europa.eu/employment_social/empl_portal/SSRinEU/Your%20social%20security%20rights%20in%20France_fr.pdf

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IV. Invalidity benefits Invalidity pension, calculated on the basis of the

average annual salary over the best ten years of

insurance, and depending on the degree of invalidity.

Mixed All foreign nationals in employment29.

V. Old-age pensions and

benefits

Old-age pension, calculated based on the average

annual salary, the liquidation rate and the duration of

insurance in the regime.

Enhanced pension under certain conditions.

Mixed All foreign nationals in employment.

VI. Survivors' benefits - Survivors' pension

- Widow or Widower invalidity pension and widow or

widower old-age pension

- Other benefits: widow's/widower's allowance, under

certain conditions.

Mixed All foreign nationals in employment.

VII. Benefits in respect of

accidents at work and

occupational diseases

1. Temporary incapacity: treatment and cash benefits

2. Permanent incapacity: compensation according to

the reference salary

3. Death: compensation for surviving spouse and

orphans.

4. Rehabilitation:

- functional rehabilitation with benefits in kind and

cash benefits;

-professional rehabilitation for professional

reclassification with coverage of all expenses.

Mixed All foreign nationals in employment, except

for some self-employed workers

29 Within the framework of the General sickness insurance regime for workers, a worker is considered invalid if, following an illness or infirmity, he cannot earn, in any

occupation, more than one-third of the usual earnings for a worker in the same category and training in the same region.

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VIII. Family benefits - Family benefits (from two dependent children;

increase according to age)

- Education allowance : early childhood benefit

(PAJE), including two levels: 1) birth or adoption

allowance and basic allowance, 2) complement for

child education choice and complement for childcare

choice

- Childcare allowances

- Birth and adoption allowances: birth or adoption

allowance in early childhood benefit (PAJE)

- Single parent allowance: active solidarity revenue;

family support allowance

- Disabled child education allowance (Aeeh)

- Back-to-school allowance

- Supplementary family benefit

- Housing benefit for beneficiaries of family benefits.

Mixed Yes: foreign nationals with continuous,

legal residence in France and their children

(Article L. 512-1 of the Social Security

Code).

Several criteria (have several dependent

children resident in France, condition of

resources depending on the benefits).

IX. Unemployment benefits - Wholly unemployed: unemployment benefit based

on salary; solidarity regime depending on resources

- Partial / temporary unemployment

- Older workers compensation: equivalent retirement

benefit (AER)30 / transitory solidarity benefit (ATS)

- Benefits for young unemployed persons

- Benefits to integrate the employment market

(Unemployment benefit: return to employment

training allowance (Aref); solidarity regime:

remuneration for Pôle Emploi (job centre) training

(RFPE))

Mixed Only previously employed foreign nationals

can benefit from unemployment benefits.

X. Guaranteed minimum

resources

- Active Solidarity Income (RSA)

- Disabled adult allowance (AAH)

Mixed Yes under certain conditions: foreign

nationals must have a legal right to be in the

30 The equivalent retirement benefit was abolished on 1 January 2011, but is maintained for those who benefited before that date. It was replaced on 1 July 2011 by the

transitory solidarity benefit (ATS), with the aim of offsetting the consequences of modifications to the retirement age.

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- Solidarity allowance for the elderly (ASPA)

- Supplementary invalidity allowance (ASI)

- Specific solidarity allowance (ASS)

- Temporary waiting allowance (ATA), destined for

asylum seekers, people waiting for reinsertion and

certain categories of foreign nationals (foreign

nationals benefiting from temporary or subsidiary

protection, stateless persons, holders of temporary

"private life and family" resident cards granted after a

complaint or witness statement against a person under

prosecution for human trafficking or pimping...).

- Equivalent retirement benefit (AER) / Transitory

solidarity benefit (ATS)

country, and live in France on a continuous

and effective basis. Conditions of age,

resources and revenues depending on the

benefits.

XI. Long-term care benefits - Benefits in kind: compensatory disability benefit and

personal autonomy allowance (APA) for at-home care

/ care in establishments with partial accommodation at

the centre.

- Cash benefits: increase for attendance allowance,

supplementary benefit for attendance, supplementary

disabled child education benefit (Aeeh), specific

increase for a child benefiting from Aeeh, and

additional payment if dependent of single parent.

Mixed All foreign nationals resident in France,

under certain conditions (holders of above

pensions, resources, age, minimum degree

of dependence)

- Derived rights

It is important to note that within the framework of the General Sickness Insurance regime for Employees (RGAMTS), workers’ dependents31

also have access to healthcare.

31 The spouse, dependent children under certain conditions; parents, descendants and collaterals under certain conditions; people living in a marital relationship with the

insured person or who have concluded a civil solidarity pact, and who are dependent on him; all other persons who have lived with the insured person for at least 12

consecutive months and who are dependent on him.

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2.1.2. Other social security benefits not included in the MISSOC

Not applicable. All social security benefits have been described in the above table.

2.2. Link between policies in relation to social security and to immigration in France

Generally, third-country nationals benefit from the same rights in terms of social protection as

French nationals. Rules for access to social security are not, therefore, directly linked to

immigration policies or policies to attract certain migrant categories. For a third-country national,

the residence permit is the primary condition for access to social security, but the criteria after that

are the same as for French nationals (number of children, income etc). Article L. 115-6 of the Social

Security code states that: “foreign nationals can only be affiliated to the compulsory social security

regime if they are legally resident and working in France or if they hold a receipt of request for

renewal of a resident permit”.

Access to different benefits depends on the third-country national's situation, whether or not he is in

employment, unemployed but having previously worked, etc.

In addition, there is no hierarchy between residence permits to determine rights to social security,

linked, for example, to the validity of the permit. The type of permit does not influence access to

benefits.

2.3. Changes to the eligibility rules for social security programmes and benefits

Depending on the country, various changes may be planned concerning eligibility rules for social

security programmes or benefits in the above table, which will have an impact on access by third-

country nationals. These changes may result from transpositions of European legislation, public

perception, evidence of poverty among migrant groups caused by reduced access to social security,

or new case-law.

In France, there are no planned changes to eligibility rules for social security programmes and

benefits.

Having presented an overview of the social security system and described the way in which it

applies to third-country nationals, the next section aims to discuss in more detail the rules for access

to social security.

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3. NATIONAL RULES FOR ACCESS TO SOCIAL SECURITY BY THIRD-

COUNTRY NATIONALS

The previous section identified benefits that are accessible to third-country nationals in each

branch of social security. The aim of this section is to provide more in-depth analysis of the

conditions that apply to third-country nationals in order to qualify for benefits in the following

seven branches: healthcare, maternity and paternity benefits, old-age pensions and old-age

benefits, family benefits, unemployment and guaranteed minimum resources. Within this study,

these seven "branches" of social security have been selected as they hold particular importance for

migrants.

The conditions that apply to third-country nationals in order to qualify for the benefits that fall

under these seven categories may relate to minimum residence periods, minimum employment

periods/contributions, specific immigration conditions such as participation in an integration

course, and other conditions such as minimum age, income levels, number of dependents.

For each of the points studied below, the objective is to examine whether there is a difference

between categories of third-country nationals, and between third-country and French nationals.

In application of the principle of equal treatment, third-country nationals legally resident in France

benefit from the same rights as French nationals. While the residence permit is the primary

condition for access to social security for a foreign national in France, the other conditions are the

same as for French nationals, such as number of children or income level. To open rights to social

security, it is important to note that there is no hierarchy between residence permits, for example,

linked to the duration of validity. Access to different benefits will depend on the third-country

national's situation, whether or not they are in employment, unemployed but having previously

worked, etc.

3.1. Minimum residence period

There is no difference between third-country nationals and French citizens. In France, access to

different benefits is primarily subject to a condition of residence32. Beneficiaries must be

principally resident in Metropolitan France or an overseas territory. This condition is fulfilled when

the individuals live in France for six months + one day during the civil year of benefit payment.

Habitual residence is based on the idea of fiscal residence, for national and EU citizens and for

third-country nationals. The aim is to facilitate controls, which can be put in place based on the

fiscal declaration. It is, therefore, a criteria strictly set out by internal law.

The residence criterion is also important for European Union nationals, who do not require a

residence permit. For third-country nationals, it is the residence permit that determines access to

social security. If the third-country national presents a residence permit to the social security, his

rights are opened almost automatically, without necessarily assessing more precisely his place of

residence. Controls are put in place subsequently, to determine if the residence criterion is respected

compared to the situation of the individual.

For French and third-country nationals, some benefits may require a minimum duration of

registration with the social security system. For example, to benefit from cash allowances for a

sick leave for a minimum period of six months, a minimum duration of one year is required.

32 Extract from the interview carried out with representatives of the Community and International Affairs Division,

within the Social Security Department of the Social Affairs and Health Ministry.

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Similarly, to receive an invalidity pension, the insured person must have been registered for at least

twelve months from the interruption to employment following the invalidity.

3.2. “Exportability” of benefits

In France, some benefits accessible to nationals can be transferred once the person returns to his

home country. France provides for exportability of old-age benefits. They are also exported within

the framework of bilateral agreements on social security, which can improve benefits with the

aggregation of insurance periods33.

The payment of French family benefits is subject to the condition that the parents and children live

in France, whatever their nationality. In general, therefore, French family benefits are not

transferable, unless there is a specific mechanism resulting from an international text. Family

benefits may be transferred in totality as part of:

- European regulations when one parent is employed and children live in a State in whose

territory European regulations are applicable;

- the France-Monaco agreement, when one parent is subject to French legislation and

employed in France and the children live in Monaco34.

Within the framework of bilateral conventions containing a chapter on family benefits, the worker

employed in France may, under certain conditions, benefit from conventional family benefits for his

children who do not live in the country of employment.

3.3. Minimum employment and contribution period

There is no difference between third-country nationals and French citizens. The minimum

employment and contribution periods below are the same for both categories.

Healthcare

Rights to healthcare treatment are based mainly on the employment criteria or equivalent. They are

subject to pre-conditions, linked notably to the payment of a minimum contribution amount of n

times the SMIC (statutory minimum wage)35. It is also possible to examine rights depending on

hours worked.

Sickness cash benefits

Daily sickness benefits are paid under the condition of contribution payment or a minimum duration

of activity. A minimum registration period is necessary and is reflected in:

- the payment of a minimum contribution amount (n times the hourly SMIC)

- a minimum duration of activity: for the first six months: 1,015 SMIC during the preceding

six months or 200 hours during the preceding three months. Over six months: registration

for at least twelve months at the date of interruption to employment; 2,030 SMIC during the

twelve preceding months, or 800 hours of work during the preceding twelve months.

33 Reckoning of periods of insurance completed in another State. 34 This specificity is explained by the specific links between France and Monaco. 35 On 1 January 2014, the gross monthly SMIC (statutory minimum wage) was €1,445.38.

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Maternity and paternity benefits

The person must have been insured for ten months before the birth date and meet the conditions for

access to healthcare and daily benefits in case of sickness, at the presumed conception date or the

prenatal leave date, .

Old-age pensions and benefits

To obtain a full pension, the person must meet a condition of insurance duration and an age

condition: progressively from 60 to 62 years (in 2017) and, if the insurance condition is not met,

progressively from 65 to 67 years (in 2022). There are, however, specific mechanisms for long-term

workers.

Rights to benefits are opened once the contributions paid are sufficient to ensure the validation of at

least one quarter-year of insurance36.

Family benefits

There is no minimum employment or contribution period, except for the supplement for free choice

of working time (CLCA) and optional supplement for free choice of working time (COLCA) which

are part of the early childhood benefit (PAJE). The beneficiary has then to show evidence of an

activity of eight quarter-years (as defined by old-age insurance), consecutive or not, during the two

years preceding the arrival of the first child, during the four years for the second child and during

the five years for the third child and over.

Unemployment

Only previously employed workers can benefit from unemployment benefits. To have the right to

unemployment benefits, they must show a minimum duration of registration with the

unemployment insurance regime of at least four months during the previous twenty-eight months

(or thirty-six months for people over 50 years).

Guaranteed minimum resources

There is no minimum employment and contribution period. Access to different benefits is, however,

subject to age and income conditions.

3.4. Immigration-specific conditions

Depending on Member States, specific conditions may be required for benefits accessible to third-

country nationals, such as the requirement to hold a specific residence permit, residence

authorisation or visa, a fixed address or the requirement to participate in an integration course.

In France, there are no specific requirements, as long as the individual is legally resident and meets

the criteria of continuous, legal residence. Conditions required to benefit from social benefits are

then the same as for French nationals.

36 A quarter-year of insurance is acquired once the insured person has income equivalent to 200 hours of value of the

SMIC.

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3.5. Other required conditions

Depending on the Member State, other conditions may be required for benefits accessible to third-

country nationals.

In France, specific conditions may sometimes need to be met to receive certain benefits, in

particular, family benefits and guaranteed minimum resources. However, these criteria are the same

for third-country and French nationals. These may include a minimum or maximum age, a

minimum number of children, conditions of income or resources under a certain limit.37. There are

no additional conditions applicable solely to third-country nationals.

For example, it is possible to benefit from family allowances if the individual and his family live in

France and if at least one child is effectively and permanently dependent.

Guaranteed minimum resource benefits are subject to conditions of resources, and, depending on

the benefits, on age conditions.

The question of equality of treatment between population groups

Several researchers and associations denounce differences in treatment, on the one hand between

nationals, EU nationals and third-country nationals, and on the other hand, between legally resident

foreign nationals and irregular foreign nationals.

Some authors38 show that the condition of legal residence leads de facto to treatment differences

between population categories and can make access to social security more difficult for third-

country nationals than for French citizens or those from other EU Member States.

Whilst the legal residence conditions excludes irregular migrants from the social security system,

the author states, however, that there are several exceptions, linked to humanitarian reasons or

public health imperatives. In addition, mechanisms have been set up for irregular migrants. State

Medical Aid (AME) allows irregular migrants to benefit from access to treatment, as long as they

meet certain conditions, in particular the continuous residence condition and the condition of

income, which must not exceed a certain limit.

Whilst there are no differences between French citizens and third-country nationals for access to

social security and healthcare, some administrative practices may represent an obstacle.

37 These criteria are not detailed here as they are the same as for French nationals. 38 Karine Michelet " Rights to social protection for foreign nationals. From the affirmation of the right to its

implementation ", Informations sociales 6/ 2007 (n° 142), CNAF p. 80-91.

http://www.cairn.info/revue-informations-sociales-2007-6-page-80.htm.

http://www.cairn.info/revue-informations-sociales-2007-6-page-80.htm.

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4. ADMINISTRATIVE PRACTICES THAT AFFECT THIRD-COUNTY

NATIONALS’ ACCESS TO SOCIAL SECURITY

This section investigates whether discretionary conditions are applied by Member States for

determining eligibility of third-country nationals to the benefits that fall under the seven

'branches' of social security reviewed in the previous section. An example is the habitual

residence criteria, where officers may be required to exercise their judgement as to where the

person usually resides, taking into account the individual applicant's specific circumstances.

The aim of this section is also to examine if other practices may have an impact on a request

for access to social security.

It is based on documentary research and interviews with several stakeholders39.

4.1. The application of discretionary criteria, such as the habitual residence

condition

In France, there are no discretionary criteria as part of a request for access to social security.

Access to social security is governed by standards. The determining element is the residence

permit, which the third-country national must have in his possession. This person can be

affiliated to the social security as a worker and is thus dependent on common law. The main

conditions for access to benefits are the same as for French nationals.

The habitual residence criterion is based on the idea of fiscal residence, for French and

European Union citizens and for third-country nationals. The aim is to facilitate controls,

which can be put in place based on the fiscal declaration. This very strict condition, does not,

therefore, seem to be a discretionary criterion in France40.

4.2. Factors taken into account

Not applicable. There are no discretionary criteria.

4.3. Application of discretionary criteria: circulars, guidelines, officer training

Not applicable.

As previously described, it is the residence permit that determines access to social security in

France. If the third-country national presents a residence permit to Social Security, his rights

are opened almost automatically, without necessarily assessing more precisely his place of

residence. Habitual residence is based on the idea of fiscal residence, to facilitate controls

which may be implemented afterwards based on the fiscal declaration.

Depending on the country, access to social security may be linked to immigration policies. In

some Member States, for example, claims to social security benefits may affect a third-

country national's access to other rights, such as residence permit renewal, application for

naturalisation, or for family reunification. This is not, however, the case in France.

39 Interviews carried out with representatives of the Community and International Affairs Division of the Social

Security Department of the Social Affairs and Health Ministry, and representatives of the CLEISS. 40 See 3.1 Minimum residence period

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4.4 Link between a claim for social benefits and residence permit renewal,

application for naturalisation or for family reunification

There is no established link in France.

The renewal of a residence permit, application for naturalisation or for family reunification,

may, depending on the country, be subject to conditions of resources, guaranteeing the

person's financial independence. These requests may be incompatible with requests for access

to some social benefits and may have an impact on the decision.

For family reunification in France, the foreign national must demonstrate that he has

sufficient, stable resources to ensure that the family is received in good conditions. These

resources must reach a certain amount, depending on the size of the family. Some social

benefits41 are excluded from this calculation. However, access to these benefits does not have

an impact on the request for family reunification, as long as the individual has sufficient

guarantees.

The request for social benefits will not have an effect on the application for residence permit

renewal or naturalisation.

However, we note that third-country nationals may be confronted with certain difficulties for

access to social benefits.

Difficulties encountered by third-country nationals in access to social benefits

Whilst the administrative practices studied within the framework of this study have no impact

in France on third-country nationals' access to social security, obstacles may be encountered,

often due to difference in practices between Funds. This underlines the necessity for

reinforced coordination between administrations and a harmonisation in rules and

practices relating to social security and immigration. Access rights for third-country nationals to non-contributory benefits are re-evaluated each

year, based on self-provided proof. However, the re-evaluation period for rights is different

for different Funds. For example, whereas the CPAM re-evaluates the rights for insured

people every year by contacting them to determine if they are still resident in France, the CAF

carries out a re-evaluation every six months42.

In addition, files are not shared between administrations, possibly leading to omissions or

dysfunctions.

It appears that coordination between social security organisations and prefectures does

not always function correctly, which makes procedures more complicated for foreign

nationals.

Currently, a reflection is ongoing between the Social Security Department and the Social

Security Funds on updating the residence permits which are required by the social security

institutions. There were indeed more categories of residence permits listed in the CESEDA

41 These may be family benefits, active solidarity income, solidarity benefit for elderly people, temporary

waiting allowance, specific solidarity allowance and retirement-equivalent allowance. 42 Interviews carried out with representatives of the Community and International Affairs Division of the Social

Security Department of the Social Affairs and Health Ministry

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than groups of third-country nationals recognised by the Social Security, which is based on

the legality of their situation43.

The fact that certain recent residence permits are not inscribed in the Social Security Code

may be problematic when files are examined by officers.

The list of permits and documents proving the legal residency and employment of foreign

nationals is set out in article D.115-1 of the Social Security Code44.

The affiliation circuit has, therefore, been criticised in France. There may be some

bottlenecks caused by the documents required and the process of information certification for

third-country nationals. The Funds must ensure that the residence permits have not been

falsified, at the same time as responding to the requirement of fast registration for third-

country nationals.

4.5. Translation and other forms of support available to third-country nationals

The language barrier is an additional difficulty as the forms for the different Funds, and the

websites for Social Security organisations are not translated into other languages. Only the

CLEISS website provides information in different languages.

In some cases, foreign workers and their families can have access to specific services and

benefit from support for their different procedures. As part of their expatriate policies, large

companies offer numerous advantages to foreign nationals coming to work in France,

essentially for missions and beneficiaries of the European Blue Card. Through a dedicated

service within the company or an external company, they generally offer to assist the foreign

worker through the different administrative procedures on his arrival in France45.

In addition to the language barrier, Social Security regulations may also seem complex. As

part of the fight against social security fraud, third-country nationals may be particularly

43 Interviews carried out with representatives of the Community and International Affairs Division of the Social

Security Department of the Social Affairs and Health Ministry 44 The permits and documents outlined in article D.115-1 of the Social Security Code are as follows:

- Residence permit;

- Temporary residence permit;

- Residence certificate for Algerian nationals;

- Receipt of request for renewal of one of the above-mentioned permits;

- Receipt of request for residence permit equivalent to a three-month renewable residence permit with the

endorsement "recognised refugee";

- Receipt of request for residence permit with the endorsement: "foreign national admitted for asylum purposes",

with a validity of six months, renewable;

- Receipt of deposit of a request for refugee status, with the endorsement: "has requested refugee status", with a

validity of three months, renewable;

- Temporary work authorisation for foreign nationals staying in France with a visa of less than or equal to three

months, or for those who do not require a visa and who have resided in France for a duration of less than three

months;

- Temporary residence authorisation accompanied by a temporary work authorisation;

- Monaco passport with endorsement by General French Consul in Monaco, equivalent to a residence permit;'

- Seasonal work contract endorsed by the Departmental division for work and employment;

- Receipt of request for residence permit endorsed "authorises the holder to work";

- Cross-border worker permit. 45 European Migration Network Study, Attracting qualified third-country nationals to France, July 2013

http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006073189&idArticle=LEGIARTI000006735186&dateTexte=&categorieLien=cid

http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-migrations-REM/Les-publications-du-REM/Les-etudes/Attirer-les-talents-etrangers-en-France

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targeted. The latter, who do not always know their rights and obligations, may not always

apply them correctly46.

In France, there are no discretionary criteria, such as a condition of residence, to determine

the eligibility of third-country nationals to social benefits. We note, however, several

obstacles in the migrant affiliation process. In addition to the language barrier, the question of

coordination and harmonisation of rules and practices between administrations responsible for

immigration and those responsible for social security is often evoked. All of these factors, to

which are added the complexity of administrative rules, underline the importance of

reinforced coordination for social security between Member States and third countries, to

facilitate the mobility of their nationals and guarantee continuity of their rights.

46 Interview carried out with representatives of the Community and International Affairs Division, within the

Social Security Department of the Social Affairs and Health Ministry

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5. EXTERNAL DIMENSION OF SOCIAL SECURITY

This section aims to present the bilateral agreements signed between France and third

countries, specifically for coordinating social security. In particular, it analyses the

functioning and scope of these agreements.

Bilateral social security agreements aim to coordinate the legislation of the two States to

guarantee the continuity of rights to social protection for mobile people. They allow insurance

periods in the other State to be taken into account when opening rights and calculating certain

benefits. This mechanism is particularly useful when settling old-age pensions.

The European Commission recently published a communication47 concerning the external

dimension of social security coordination in the European Union, encouraging greater

cooperation between Member States and third countries in this field. It starts from the

observation that rights to social security for people migrating to or leaving the EU are mainly

defined by national legislation. Member States have signed bilateral social security

agreements with third countries, which establish coordination rules applicable to people

moving between the two countries. Several reasons may lead to the signing of these

agreements. Whilst they aim firstly to protect citizens working in other States, they are also

considered to be a means of attracting companies and workers from third countries.

Most agreements with third countries contain mechanisms relating to applicable legislation,

equality of treatment and pensions. Pension mechanisms preserve rights acquired by migrants

when they leave the national territory and authorise the payment of pensions in the third

country with which the agreement is signed. Some agreements allow insurance, employment

or residence periods to be added.

It is important to note that bilateral agreements are specific to the countries who have signed

them. Migrants and companies from third countries must, therefore adapt to different social

security systems and different bilateral agreements depending on the Member States.

In France, it is the Social Security Department (DSS, Direction de la Sécurité Sociale) that

conducts the negotiations and drafts the agreement texts. It entrusts the task of monitoring the

implementation of the agreements and the treatment of individual problems to the European

and International Social Security Liaison Centre (Centre des liaisons européennes et

internationales de Sécurité sociale) (CLEISS) - the liaison organisation between French

Social Security organisations and their foreign equivalents48.

47 COM(2012)153final of 30.03.2012, Commission Communication to European Parliament, Council, European

Economic and Social Committee and Regions Committee, The External Dimension of EU Social Security

Coordination 48 Extract from the interview carried out with representatives of the Community and International Affairs

Division, within the Social Security Department of the Social Affairs and Health Ministry

http://www.google.fr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC8QFjAA&url=http%3A%2F%2Fec.europa.eu%2Fsocial%2FBlobServlet%3FdocId%3D7549%26langId%3Dfr&ei=vb7XUoX2He3R4QSq04DABQ&usg=AFQjCNGW-HWKshsdDrUH0HMZJP4L-BcaOA&bvm=bv.59568121,d.bGE

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5.1. List of bilateral agreements for coordination on social security that exist

between France and third countries

France has signed around 40 bilateral agreements with third countries. The majority of

migrants working in France come from North and Sub-Saharan Africa. Not all third-country

nationals are concerned by these agreements, unlike multilateral agreements. Bilateral social

security agreements are generally intended for workers and their families, former workers and

their families with the aim of continuing acquired rights, and sometimes self-employed

workers.

Most have been signed with Algeria, Morocco and Tunisia.

a) List of current bilateral social security agreements49

Third country Date of signature Date of ratification

Algeria 1 October 1980 1 February 1982

Andorra* 12 December 2000 1 June 2003

Argentina* 22 September 2008 1 November 2012

Benin 6 November 1979 1 September 1981

Bosnia and Herzegovina 3 and 4 December 2003 4 December 2003

Cameroon 5 November 1990 1 March 1992

Canada* 9 February 1979 1 March 1981

Cape Verde 15 January 1980 1 April 1983

Chile* 25 June 1999 1 September 2001

Congo 11 February 1987 1 June 1988

South Korea* 6 December 2004 1 June 2007

Côte d’Ivoire 16 January 1985 1 January 1987

USA* 2 March 1987 1 July 1988

Gabon 2 October 1980 1 February 1983

Guernesey, Aurigny, Herm,

Jethou

19 November 1965 1 December 1965

India* 30 September 2008 1 July 2011

Israel 17 December 1965 1 October 1966

Japan* 25 February 2005 1 June 2007

Jersey 29 May 1979 14 May 1980

Kosovo 4 and 6 February 2013 6 February 2013

Macedonia 1 and 14 December 1995 14 December 1995

Madagascar 8 May 1967 1 March 1968

Mali 12 June 1979 1 June 1983

Morocco* 22 October 2007 1 June 2011

Mauritania 22 July 1965 1 February 1967

Monaco 28 February 1952 1 April 1954

Montenegro 26 March 2003 26 March 2003

Niger 28 March 1973 1 November 1974

Philippines 7 February 1990 1 November 1994

49 Source: CLEISS, bilateral social security agreements : http://www.cleiss.fr/docs/textes/

http://www.cleiss.fr/docs/textes/

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Quebec: Understanding* 17 December 2003 1 December 2006

Quebec: Protocol

(students and cooperation)

19 December 1998 1 July 2000 and 1 January

2001

Saint-Marin 12 July 1949 1 January 1951

Senegal 29 March 1974 1 September 1976

Serbia 26 March 2003 26 March 2003

Togo 7 December 1971 1 July 1973

Tunisia* 26 June 2003 1 April 2007

Turkey 20 January 1972 1 August 1973

*These agreements also include self-employed persons.

All the agreements, with the exception of Madagascar, refer to old-age pensions.

Supplementary pensions are not included in the agreements, but their current mechanisms

allow for exportation of benefits. Most agreements include mechanisms for invalidity. The

coverage of healthcare and benefits in kind in most agreements is explained by the fact that

the first agreements signed concerned labour immigration, with the aim of insuring foreign

workers in France who intended to return to their original country and their families during

paid leave and for retirement. There are very few arrangements for healthcare for temporary

stays.

Over the past few years, new agreements have been signed but have not yet entered into force.

b) List of social security agreements signed but not yet in force

Third country Date of signature

Brazil 15 December 2011

Canada 14 March 2013

Uruguay 6 December 2010

c) List of coordination decrees

Metropolitan France and overseas departments (Guyane, Guadeloupe, Martininque, La

Réunion) are linked by coordination decrees to overseas collectivities which are part of the

French territory, but have legislative autonomy for social security. Coordination decrees have

been signed with Mayotte50, New Caledonia, French Polynesia and Saint-Pierre-and-

Miquelon.

50 Mayotte became an overseas department on 1 March 2011 and had conserved its autonomy for social security

up to now. However, since 1 January 2014, Mayotte obtained the status of European Union Outermost Region

within the meaning of article 349 of the Treaty on the Functioning of the EU (European Council Decision of 11

July 2012). From now on European rules on coordination of social security systems (CE) 883/2004 and (CE)

987/2009 must be implemented in Mayotte.

http://www.cleiss.fr/reglements/index.html

http://www.cleiss.fr/reglements/index.html

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Overseas collectivities Date of signature Date of ratification

Mayotte* 26 August 2005 1 September 2005

New Caledonia* 19 November 2002 1 December 2002

French Polynesia* 26 December 1994 1 January 1995

Saint-Pierre and Miquelon* 10 May 2011 1 June 2011

*These agreements also include self-employed persons.

These decrees include the following benefits:

- sickness-maternity and death in the country of employment (by aggregation);

- health treatment for the worker's family, temporary residence51 (for the workers and

their families in the case of Mayotte and New Caledonia), transfer of residence,

pensioners and their family, detached workers ;

- invalidity;

- old-age benefits (with the possibility of separate settlement);

- accidents at work and occupational diseases

- family benefits in the country of residence for children residing in the other country,

with the exception of Mayotte.

Bilateral agreements signed between France and third countries: historical overview

and strategic challenges52

The French network of bilateral agreements is closely linked to France's traditional influence

zones, in Europe, North Africa and French-speaking Africa. Historically, the first bilateral

agreements were signed after decolonisation, with the North African countries and several

African states, due to the need for foreign workers in France. This first series of

"workforce" agreements, aimed to facilitate the arrival of workers from these countries,

while allowing the payment of family benefits to their families. Family reunification did not

exist, so it was necessary to assert the social rights of the family in the home country and for

the worker when he returned to his original country. From the 1950s and particularly from

the 1960s, France signed agreements with numerous countries in these zones, notably with

Morocco and Tunisia in 1965.

Since the middle of the 1980s, the French network of bilateral agreements has extended to

new States, in America and Asia, with the logic of mobility of workers and companies:

USA in 1987, Philippines in 1990, and Chile in 1999.

A new series of "OECD" agreements was signed in the middle of the 2000s to accompany the

growth in exchanges with major industrialised countries and encourage mobility of

managers in large companies. Agreements were signed with South Korea in 2004 and Japan

in 2005, before extending to emerging powers, in India and Argentina in 2008, Uruguay in

201053, and Brazil54.

Negotiations with China are on-going.

51 Return of worker to his home country during paid leave. 52 Extract from the interview carried out with representatives of the Community and International Affairs

Division, within the Social Security Department of the Social Affairs and Health Ministry. 53 The agreement with Uruguay is not yet in force. 54 On-going agreement.

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Concerning the demographic and economic aspects, the network of international agreements

with France covers nearly 83% of the French expatriate population, 84% of the foreign

population residing in France, 79% of imports and 82% of exports from France. Sixteen of the

twenty main clients of France are covered by the network, whilst eighteen of the twenty main

suppliers of France are covered55.

Only three out of thirty OECD countries have not signed bilateral social security agreements

with France (Australia, Mexico and New Zealand).

From a financial point of view, the total payments generated by international social security

agreements and by European social security regulations reached €6.89 billions in 2012 and

€6.59 billions in 2011, which represents a 4.55 % increase (€300 millions). Most of these

benefits concern old-age pensions paid to retired people living outside of the French

territory56.

5.2. Presentation of bilateral social security agreements concluded between

France and third countries

Bilateral agreements contribute to facilitating the mobility of individuals by guaranteeing the

continuity of rights to social protection, while facilitating families remaining in the home

country and the return of workers to their country of origin. Coordination enables benefits to

be settled and residence clauses to be removed so that foreign workers lose as few rights as

possible. Agreements concluded between France and third countries each have specificities.

The most developed are with Tunisia and Morocco, where new, more complete social security

agreements have been signed.

Several agreements include coordination mechanisms for all insurance branches57. Most of

the other agreements provide for coordination for invalidity pensions, old-age pensions,

survivors' pensions, and for the maternity, work-related accidents and professional diseases

and family benefits branches.

However, unemployment benefits have never been included in bilateral agreements, contrary

to European rules, as the social partners prefer to decide for themselves whether they apply or

not.

55 Source: The Social Security public service portal 56 Centre des liaisons européennes et internationales de sécurité sociale, Rapport statistique, exercice 2012

http://www.cleiss.fr/docs/stats/rapport_stat_2012.pdf 57 This is the case with Algeria, Bosnia and Herzegovina, Cape Verde, Morocco, Monaco, Montenegro, Serbia,

Tunisia and Turkey.

http://www.securite-sociale.fr/Le-reseau-francais-des-conventions-bilaterales-de-Securite-sociale


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The aim of this section is to examine if the bilateral social security agreements signed

between France and third countries:

i) allow a worker from a third country to work in France while remaining subject to the

social security legislation of the sending state

Within the framework of bilateral agreements, the worker is subject to the legislation of the

State where he is working, with the exception of several categories. The determination of

applicable social legislation aims to avoid both double affiliation and the absence of affiliation

in one or other of the States.

Depending on the agreements signed with third countries, the categories that may remain

subject to the sending country are mainly:

- personnel in the service of an administration of one of the States sent to the territory of

the other State,

- diplomatic mission and consulate personnel,

- transportation company personnel,

- posted workers.

ii) guarantee equal treatment in the system of the host State in respect of particular

benefits

The principle of equal treatment applies between nationals of the two States. The application

of this principle is guaranteed in all the bilateral social security agreements. This principle

imposes that each State treats the nationals of the other State as its own nationals on its

territory58.

The scope of application for the agreements is metropolitan France and the overseas

departments. The agreement covers either all third-country nationals, or only French nationals

and the nationals of the other signing State.

In general, the new agreements cover third-country nationals.

iii) allow social security benefits to be exported to the other country

Bilateral social security agreements allow for residence clauses to be waived to benefit

from and export certain benefits. More often this concerns long-term cash benefits, such as

old-age pension, with the aim being that the person does not lose out because he was mobile.

However, non-contributory social benefits under national solidarity, in particular the

minimum old-age pension allowance, cannot be paid outside of the national territory.

The agreements signed between France and third countries allow benefits from the "work-

related accidents and occupational diseases", "old-age", "survivors" and "invalidity"

branches to be exported to the territory of the other signatory State. In contrast, family

benefits are never exportable59, as beneficiaries are subject to the condition of residence in the

French territory. However, within the framework of bilateral conventions containing a chapter

58 Source: Social Security department, Social Affairs and Health Ministry 59 Source: http://www.cleiss.fr/docs/pf/index.html

http://www.cleiss.fr/docs/pf/index.html

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on family benefits, the worker employed in France may, under certain conditions, benefit

from "conventional family benefits" for his children who do not live in the employment

country. There are three types of payment: the contribution system60, the system of

transferable allowances or compensation for family expenses61, and family benefits in the

country of residence62.

Provisions are also set out for maternity benefits. Depending on the agreements, they allow:

- the compensated transfer of residence (right to cash benefits for the employed woman who

benefits from maternity allowances and who temporarily transfers her residence to her home

country for a duration limited to the period of compensation set out by the workplace

country's legislation),

- the temporary stay by the employed woman in her home country for paid leave,

- temporary stay by members of the family that usually live with the worker and who

accompany the person for a temporary stay during paid leave or compensated transfer of

residence (some agreements).

iv) contain any other provisions of relevance to the coordination of social security

systems with third countries

Some agreements include other provisions for coordination of social security systems. The

agreement signed with Argentina63 plans provisions for administrative cooperation and

mutual aid, including conditions for data communication, recovery of contributions and

undue benefits, cooperation in the fight against fraud and exchanges of statistical data.

60 This system is provided for in most of the agreements signed with African countries. It is the institution in the

State of residence who pays the allowances or family benefits according to the applicable provision in that State.

The appropriate institution in the workplace pays, a contribution to the liaison organisation in the country of

residence of the family. This contribution varies according to the number of dependent children within the

meaning of the agreement. 61 In this case, the benefits are directly paid by the Fund in the place of work to the family living in the other

State. The amounts are fixed by common agreement by the appropriate authorities in the two countries. This

system is set out in the agreements signed with Morocco, Turkey, Bosnia and Herzegovina, Kosovo, Serbia,

Montenegro, Macedonia and Tunisia. 62 In the France-Cameroon agreement, the workplace country does not participate in payment of family benefits.

The maximum age and number of children that can benefit from benefits are determined according to the

legislation in the State of residence of the family. Source: CLEISS 63 Social security agreement of 22 September 2008 between the Government of the Republic of France and the

Government of the Republic of Argentina

http://www.cleiss.fr/pdf/conv_argentine.pdf

http://www.cleiss.fr/pdf/conv_argentine.pdf

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Amount of payments by France abroad64

Every year, within the framework of European regulations and international agreements,

France spends around €6 billion to export social benefits, with the largest item being old-

age pensions. The largest State is Algeria65.

In 2012, nearly €6.9 billion were paid by France in application of international social security

agreements, or an increase of 4.55% over the previous year. The "retirement" element

represents nearly 90% of flows abroad. Old-age pensions represent 65.92% of the total

benefits paid abroad, followed by supplementary pensions (22.26%). The remaining 10%

covers the other benefits.

The analysis of the payments made by France in 2012 shows that European payments

represent the largest share (52.53% or nearly €3.62 billion) followed by bilateral agreements

(42.65% or more than €2.94 billion) then countries outside agreements (2.54% or more than

€175 million) and coordination decrees (2.25% or more than €154 million).

The breakdown of payments abroad by type of agreement shows that old-age pensions

represent the largest share (more than €2.2 billion) within bilateral agreements.

5.3. Examples of third-country nationals who have invoked their rights under the

bilateral social security agreements reached between France and third countries

Not applicable.

Coordination agreements for social security guarantee equal treatment for people who live or

work in another country. They also aim to avoid the loss of certain long-term benefits such as

old-age pensions with immigration. Having examined the external dimension of social

security by studying the scope and functioning of bilateral agreements, the following section

aims to examine three tangible case-studies.

64 European and International Social Security Liaison Centre, Statistical report, 2012

http://www.cleiss.fr/docs/stats/rapport_stat_2012.pdf 65 Extract from the interview carried out with representatives of the CLEISS


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6. CASE-STUDIES

The aim of the following three case-studies is to better understand, in practice, the rights and

access to social security by third-country nationals within each Member State. It will also

indicate whether the claims made in each of the three following cases would be successful.

Case-study 1 : Tho and Lien, a married couple holding Vietnamese citizenship, aged 28 and

30, moved to France 10 years ago. They hold long-term residence permits. Tho has worked in

a car manufacturing company for the last 8 years, paying obligatory insurance contributions

throughout this time. Lien has worked as a chef in the restaurant of a large hotel, also paying

obligatory insurance contributions, for the last two years. Tho and Lien are expecting the birth

of their first child in 6 weeks' time. Last week, the car manufacturing company where Tho

works announced they were making him redundant. Faced with the loss of Tho's income at a

time when Lien would need to take time off work, following the birth of their child, Tho

decided to apply for unemployment benefits while Lien applied for maternity benefits.

In France, this couple benefits from the same rights as French nationals as they meet

residence conditions. They benefit from all mentioned rights from the moment they are

legally resident and have paid contributions. This is the case as both of them have worked in

France and currently live in France.

Their entitlement to family and unemployment benefits will also be assessed under the same

conditions as French nationals.

Case-study 2 : Jasmine is a single parent, aged 29, holding Filipino citizenship, who moved

to France 2 1/2 years ago. She has a 2-year old child (also holding Filipino citizenship) living

with her and another child aged 5 living in the Philippines with Jasmine's mother. She holds a

temporary/salaried worker residence permit that has been renewed once. Jasmine has worked

as a nurse in a residential day-care unit in France for 2 1/2 years. She sends a small amount of

money every month to the Philippines to help support her daughter. Last month, Jasmine's

employer announced significant cuts in staff salaries in response to budget reductions. Faced

with a significantly reduced income, Jasmine has moved into a hostel as she can no longer

afford to rent private accommodation. She has also been forced to halve the amount of money

she sends her family in the Philippines every month. She has decided to apply for family

benefits and guaranteed minimum resources.

Jasmines' situation could not apply in France, as there exist numerous other provisions

before the Active Solidarity Revenue (RSA), destined to ensure that people with no or low

resources have a minimum income level. These provisions include partial unemployment,

housing benefit etc.

When her child was born, this person would have already been declared to the Family Benefit

Fund (CAF) and benefit from family benefits since the birth66, in the case of legal,

continuous residence. Jasmine also has the right to guaranteed minimum resources. As she

has already paid contributions, she would also have the right to unemployment benefits.

66 This would only apply to the child resident in France.

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Concerning accommodation in a hostel this situation would not apply either in France, as

Jasmine would benefit from other rights beforehand, in particular Personalised Housing

Aid67 (APL).

Case-study 3 : Senghor is a high-skilled worker from Senegal. He arrived in France six years

ago with a temporary residence permit arranged through the IT company that employed him.

Senghor is single and does not have children, but recently succeeded in bringing his elderly

mother to France on the basis of family reunification. Aged 80, his mother is entirely

dependent on Senghor's income. Last week, Senghor suffered an accident at work, that left

him incapable of carrying out the work for which he was employed for a period of 3 years. He

decided to apply for invalidity benefits, sickness benefits, family benefits and benefits in

respect of accidents at work and occupational diseases.

It is improbable that he would have been able to bring his mother to France on the basis of

family reunification as it is impossible to bring a parent on this basis. In addition, there are no

family benefits for elderly people. However, if this situation did exist, Senghor could benefit

from an invalidity pension, if he is recognised invalid. As it is a work-related accident, we

would first consider the work-accident benefit, which is more advantageous than the

invalidity pension.

If Senghor's mother is legally resident, she could benefit from the Solidarity Allowance to

the Elderly (ASPA), on a personal basis as long as she is legally, continuously resident.

As Senghor cares for his mother, he may benefit from the Personalised Autonomy

Allowance (APA).

In conclusion, as long as the third-country national is legally resident in France, he benefits

from the same rights as a French national.

Having analysed these precise case-studies, which allow a real comparison between EU

Member States, and access to social security for third-country nationals, the following section

provides a statistical analysis with the aim of comparing the situation of third-country

nationals, French citizens and other EU Member State nationals.

67 Personalised Housing Aid (aide personnalisé au logement) is a financial aid with the aim of reducing rent

payments. It is given according to the type of housing and composition of the family.

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7. STATISTICS ON SOCIAL SECURITY PAYMENTS RELATED TO

MIGRATION

This section provides statistical data on employed, unemployed and inactive third-country

nationals for 2008 to 2012.

The statistical data on social security in France was collected by Eurostat.

These statistics will provide an overview on a European level in the synthesis report which

will be drafted from the studies by the different EMN Contact Points. This section covers the

following data:

- number of third-country nationals, French and European citizens who are

employed, unemployed or inactive by age from 15-64 years;

- take up of social security benefits by third-country and French nationals;

- costs of providing social security benefits for third-country nationals.

Several Eurostat data collection tools were used, depending on the categories for this section.

Category Eurostat data collection instrument

1. Employed, unemployed and inactivity Labour Force survey68 (European Labour

Force Survey (EU-LFS))

2. Take up of social security benefits European Union statistics on income and

living conditions (EU-SILC)69

3. Expenditure by type of social security

benefit

European System of Integrated Social

Protection statistics (ESSPROS)70

7.1. Statistics on employment, unemployment and inactivity in France

The data concerning employment, unemployment and inactivity are the latest available. The

figures are distributed in three groups: third-country nationals, EU nationals and French

citizens. The statistics were collected from the Employment Survey. To ensure comparability

at a European level, the data analysed concerns individuals aged 15 to 64 years.

68 The European Union Labour Force Survey is a large household survey carried out by National Statistics

Institutes throughout Europe and centralised by Eurostat. In France, the Labour Force Survey is carried out by

INSEE. It measures unemployment within the meaning of the International Labour Organisation, and provides

data on professions, women and young persons' activities, work duration and precarious employment. 69 This instrument is designed to collect current and comparable multidimensional, transversal and longitudinal

micro-data on incomes, poverty, social exclusion and living conditions. It aims to provide two types of data:

- transversal data for a given time or period, with variables on income, poverty, social exclusion and other

living conditions;

- longitudinal data concerning changes over time in individual levels, observed periodically over a four-

year period. 70 The European System of integrated Social Protection Statistics enables the comparison between European

countries of national administrative social security data. The information collected covers benefits, income and

expenditure for social protection, beneficiaries of pensions and net social protection benefits.

http://epp.eurostat.ec.europa.eu/portal/page/portal/microdata/lfs

http://epp.eurostat.ec.europa.eu/portal/page/portal/microdata/eu_silc

http://epp.eurostat.ec.europa.eu/portal/page/portal/social_protection/introduction

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1. Employment

Table 1: Employment rate of French, other EU Member States and third-country

nationals between 2008 and 2012 (%)

Source: Eurostat, Labour Force Survey

http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database

Graph 1: Trends in employment rates of French, EU Member States and third-country

nationals, 2008-2012 (%)

Source: Eurostat, Labour Force Survey http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database

The above table presents the change in the employment rate for French, EU and third-country

nationals, by sex, between 2008 and 2012.

As a general rule, we observe a higher rate of employment for men than for women. This

difference is more pronounced for EU and third-country nationals than for French citizens.

For French nationals in 2012, for example, 61.3% of women and 68.3% of men were

employed, or a difference of 7 points. This rate is 58.8% for women and 70.7% for men for

other EU Member state nationals, or a difference of 11.9 points. For third-country nationals,

33.9 % of women and 59.9 % of men were employed, or a difference of 26 points.

In France, the rate of employment is higher for French and EU nationals, with 64.7% and

65% in 2012, than for third-country nationals, with a rate of 46.2% for the year.

2008 2009 2010 2011 2012

M F Total M F Total M F Total M F Total M F Total

French

citizens 69.8 61.2 65.4 68.7 60.9 64.7 68.3 61 64.6 68.4 60.9 64.6 68.3 61.3 64.7

Other EU

Member State

nationals 72.2 59.9 65.9 71.2 57.8 64.5 74.6 59 66.9 74.1 61.4 67.9 70.7 58.8 65

Third-

country

nationals 62.5 37.4 49.7 56.5 36.1 46 60.3 33 45.9 58.6 33.8 45.4 59.9 33.9 46.2



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For each category, we observe a slight change in rate of employment between 2008 and 2012.

2. Unemployment

The table below presents the change in the unemployment rate for French, EU and third-

country nationals, by sex, between 2008 and 2012.

For the total categories, women are generally more affected by unemployment than men. We

note, however, that the difference is less marked in 2012 for French and European Union

nationals. For French nationals in 2012, 9.4% of women and 9.2% of men were unemployed.

For other EU Member State nationals, 10.9 % of women and 10 % of men were unemployed.

Whilst the difference is between 0.2 and 0.9 points for these two groups, it is significantly

higher for third-country nationals, with an unemployment rate of 28.1% for women and

22.8% for men, or a difference of 5.3 points.

Table 2: Unemployment rates for French, other EU Member States and third-country

nationals between 2008 and 2012 (%)

2008 2009 2010 2011 2012


French

citizens 6.5 7.6 7 8.4 9 8.7 8.6 9.2 8.9 8.3 9.1 8.7 9.2 9.4 9.3

Other EU

Member

State

nationals 6.4 6.5 6.4 9.2 8.7 9 6.8 10.6 8.5 7.2 9.5 8.2 10 10.9 10.4

Third-

country

nationals 17.7 21.3 19.1 23.4 24.1 23.7 20.5 27.1 23.1 22.4 28.8 25 22.8 28.1 24.9



In France, the unemployment rate is higher for third-country nationals than for French

and EU Member State nationals. From 2008 to 2012, the unemployment rate for third-country

nationals went from 19.1% to 24.9%, an increase of 5.8 points. Over the same period, the

unemployment rate increased by 2.3 points for French citizens and 4 points for other EU

Member State nationals.



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Graph 2: Trends in unemployment rates of French, other EU Member States and third-

country nationals between 2008 and 2012 (%)

Source: Eurostat, Labour Force Survey http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database

3. Inactivity

Table 3: Inactivity rate of French, other EU Member States and third-country nationals

between 2008 and 2012 (%)

2008 2009 2010 2011 2012


French

citizens 25.4 33.8 29.7 25 33.1 29.1 25.2 32.9 29.1 25.4 33 29.3 24.8 32.3 28.6

Other EU

Member

State

nationals 22.9 35.9 29.5 21.6 36.7 29.2 19.9 34 26.9 20.2 32.2 26 21.4 34 27.4

Third-

country

nationals 24 52.6 38.5 26.3 52.4 39.8 24.2 54.7 40.3 24.5 52.6 39.4 22.4 52.9 38.5



The above table presents the change in share of inactive people for French, EU and third-

country nationals, by sex, between 2008 and 2012.

According to INSEE, inactive people are individuals who are not in employment as defined

by the International Labour Organisation, nor unemployed. This category includes young

people under 15 years of age, students, retired people, housewives or house-husbands, and

people unfit for work.





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The inactivity rate is higher for third-country nationals than for French and EU Member

State nationals. In 2012, for example, it was 38.5% for the first category and 28.6% and

27.4% for the two others. The inactivity rate is higher for women than for men, with a more

significant difference among third-country nationals. In 2012, we note a difference of 7.5

points for French citizens, 12.6 points for other EU Member state nationals and 30.5 points

for third-country nationals.

For French and EU nationals, the inactivity rate fell by 1 to 2 points between 2008 and 2012.

It remained stable for third-country nationals.

Graph 3: Trends in inactivity rates for French, other EU Member States and third-

country nationals between 2008 and 2012 (%)



The statistical data presented above enables the comparison of situations of third-country

nationals, French nationals and EU nationals in France. Additional statistical data and

research work enables more precise analysis of the take up of social benefits by migrants.

7.2. Statistics and research on the take up of social security benefits among

third-country nationals.

This section is based on several studies which enable the analysis of the take up of social

benefits by the different groups, at the same time as providing statistical data.

International comparison of the fiscal impact of immigration

The question in many OECD countries is whether immigration exacerbates the budgetary

difficulties to which they are confronted, or whether it helps them. The OECD report on the



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outlook for international migration71 includes a chapter on the comparative analysis of the

fiscal impact of immigration in OECD countries, based on data from the European OECD

countries, as well as Australia, Canada and the USA. This report uses EU-SILC statistics for

the years 2007-2009, in order to calculate take up of social benefits by the total immigrant

population, i.e. those born abroad, compared to the total population born in the country.

The fiscal impact of immigration varies depending on the retained hypotheses and

methodology, but the authors note that, in most countries, it is limited compared to GDP, and

on average, close to zero in the OECD zone.

According to the report authors, "immigrants have a less favourable net fiscal position than

the native-born. This is largely because they tend to pay less in taxes and social security

contributions and not because of a higher dependence on social benefits72. "

In their opinion, the cross-country variation in immigrants' fiscal situation results from the

design of the tax and social benefit system, as well as the composition of the migrant

population in terms of age and status when entering the country. Immigrants' fiscal

contribution is more favourable in countries where labour immigration represents a large

share of the migrant population, than in countries which welcome more migrants for

humanitarian reasons.

The study considers that employment is the most important determinant of migrants' net

fiscal contribution, particularly in generous welfare states. Countries such as Belgium, France

and Sweden would benefit from a rise in immigrants' employment rate to that of native-born,

with a fiscal gain of more than 0.5% of GDP.

Several factors explain the international variability of migrants' fiscal contribution compared

to native-born. Differences in the composition of the migrant population by migrant

category (labour, family, humanitarian) have an influence on their fiscal situation. The age of

migrants is also an important factor.

A comparative analysis of contributions and benefits shows that when immigrants'

contributions to the State budget and benefits they receive are examined separately, the

differences in the net direct fiscal situation of migrant households compared to native-born

households are explained by lower contributions (in the form of taxes and social

contributions) and not by the fact that they receive more social benefits. The authors state

that the benefit differences are, on average, negative. In other words, immigrant households

generally receive lower levels of benefits than native-born ones.

Concerning take up of benefits, the study shows that there do not seem to be differences

between benefits received by immigrant households and native-born ones. Excluding social

and housing aid, which are often linked to social aids, social benefits received do not really

vary between immigrant and native-born households.

The authors note that countries that have undergone in the past significant work-related

immigration before restricting entry, such as Germany and France, tend to conclude that

immigration has a negative impact. This is explained, however, by the fact that this impact is

measured after most workers have retired. The pensions they receive more than compensate

for the contributions from the smaller number of working immigrants.

By analysing the fiscal impact of migration in OECD countries, the OECD report provides an

overview and interesting comparative analyses between countries, while at the same time

71 OECD, International migration outlook 2013, 13 June 2013 72 Ibid.

http://www.oecd.org/els/mig/imo2013.htm

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highlighting numerous factors which may influence the fiscal situation of migrants. Several

authors also looked at the fiscal impact of migration on a national level.

Impact analysis of migrations on public finances in France

Several research works have studied the impact of migrations on France's public finances.

Xavier Chojnicki and Lionel Ragot73 observed the contribution to public finances from the

immigrant population and its expenditure, based on the year 2005. They note that non-

European Union migrants benefit more often than native-born from housing benefits (34 %

compared to 13.7 %), family benefits (35 % compared to 24.3 %) and unemployment

benefits (19 % compared to 11.7 %). However, they benefit less from health and retirement

benefits. The authors estimate that the average net contribution of immigration was €3.9

billion for 2005, or 0.5 % of GDP74.

According to the authors, this net contribution to social security is positive as immigrants

make up a smaller share of young and old people, and so receive relatively fewer benefits (in

particular health and retirement, which make up the most important transfers)75.

The authors note that African immigrant populations seem to be more often beneficiaries of

social benefits, with the exception of health and retirement, which are the most important

expenditure items. While this over-representation within family benefits can be explained by

household size, other reasons are also provided. According to the study authors, "the main

characteristic which marks the difference between immigrant and native-born populations is

due to the wide variations in aid dependency rates linked to the employment situation and

income level. Thus, compared to native-born, immigrants from North Africa and the rest of

Africa are respectively 1.6 and 1.7 times more numerous in receiving unemployment benefit,

3.8 and 3.9 times more likely beneficiaries of minimum income for integration and, on

average 2.5 times more dependent on housing aid. 76 "

The study shows that one of the factors that determine migrants' requirement for social

benefits is the level of qualification or education.

The analysis of the fiscal impact of immigration, at a national and international level,

underlines the complexity of the situation of the immigrant population and their take up of

social benefits, which depends on numerous factors, such as migrant category, age or

qualification level. It can be complemented by the study of the cost of social protection.

7.3. Cost of social security benefits in France

The statistics on the costs of social benefits were collected by Eurostat. They are not

aggregated by type of inhabitant, and thus do not distinguish between French citizens, third-

73 Chojnicki Xavier, Ragot Lionel, Immigration is expensive for France: what do the economists think?

(L'immigration coûte cher à la France : qu'en pensent les économistes ?), Éditions Eyrolles-Les Échos, 2012 74 Laurent Agnès (interwiewed by), Social protection and immigration: figures and stereotypes (Protection

sociale et immigration: les chiffres contre les clichés), interview of Xavier Chojnicki, L’Express, 14 November

2011

75 Chojnicki Xavier, Defoort Cécily, Drapier Carine, Ragot Lionel, Migrations and social protection: study on

the long and short-term links and impacts (Migrations et protection sociale : étude sur les liens et les impacts de

court et de long term), report for the DREES-MiRe (Research mission for the Department of Research, Studies,

Evaluation and Statistics), July 2010 76 Ibid.

http://lexpansion.lexpress.fr/economie/protection-sociale-et-immigration-les-chiffres-contre-les-cliches_360187.html


http://droit.univ-lille2.fr/uploads/media/Rapport_Drees_EQUIPPE_V3_02.pdf



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country or EU nationals. The data presented in this section comes mainly from the European

System of Integrated Social Protection statistics (ESSPROS)77 . They are the latest available

statistics from 2010.

The statistics are presented in the artificial currency unit "Purchasing power standard (PPS)"

per inhabitant78.

The relative costs of social security, as presented in the ESSPROS, can be aggregated by

different benefit types, such as sickness/healthcare, invalidity, old-age, survivors,

family/children, unemployment, and social exclusion. In order to present a pertinent overview

of the different social security categories, some categories have been grouped, such as old-age

and survivors, sickness, healthcare and invalidity.

Table 4: Social security expenditure classed by type of benefit in 2010 (in PPS per

inhabitant and euro per inhabitant)

Type of social security benefit Expenditure (in PPS

per inhabitant)

Expenditure (in euro

per inhabitant)

Family/children 701 795

Unemployment 578 656

Social exclusion 202 229

Sickness/healthcare and disability 2,949 3,345

Old-age and survivors 3,789 4,298

Total 8,220 9,323

Source : Eurostat, ESSPROS

http://epp.eurostat.ec.europa.eu/portal/page/portal/social_protection/data/database

Note: the total expenditure indicated in the table 4 is lower than the total expenditure indicated by ESSPROS

because the latter includes expenditure on housing. As housing is not included in the scope of the study, it is not

included in the above table.

77 The European Integrated Social Security statistics system enables the comparison between European countries

of national administrative social security data. The information collected covers benefits, income and

expenditure for social protection, beneficiaries of pensions and net social protection benefits. 78 Theoretically, one PPS can buy the same amount of goods and services in each country. However, price

differences mean that different amounts of national currency units are needed for the same goods and services

depending on the country. PPSs are derived by dividing any economic aggregate of a country in national

currency by its purchasing power parity (PPP). The purchasing power standard is the technical term used by

Eurostat for the common currency in which national accounts aggregates are expressed when adjusted for price

level differences using PPPs. Thus, the PPP can be interpreted as the exchange rate of the PPS against the euro.

(Source: Eurostat Glossary)


http://epp.eurostat.ec.europa.eu/portal/page/portal/social_protection/introduction

http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Glossary:Purchasing_power_standard_%28PPS%29/fr

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Graph 4: Share of social security expenditure by type of benefit in 2010 (PPS per

inhabitant)

Source: Eurostat, ESSPROS


From the above table and graph, we note that old-age and survivor benefits represent the

largest share of social security expenditure in France (46% in PPS per capita). Sickness,

healthcare and invalidity, representing 36% of expenditure, is in second place.

This section, based on the analysis of statistics and research work, has enabled us to better

understand the situation of migrants for social security, by analysing the numerous variables

which can influence the take up of benefits and comparing the situation with national and EU

citizens.


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8. CONCLUSION: KEY FINDINGS

By analysing the administrative policies and practices that determine access to social

security and healthcare for third-country nationals, this study has enabled us to highlight

several elements. Firstly, we note that third-country nationals with a valid residence permit

and meeting the condition of continuous residence have the same rights as French nationals.

Therefore, there is no discrimination between categories of population.

The right to social protection is an essential component of human rights. Whilst France is

considered to be one of the most generous countries in terms of social protection, several

obstacles can be observed, in particular concerning the rules and practices of different

administrations. The main difficulties encountered by migrants are the language barrier, the

complexity of administrative rules and bottlenecks that may exist in the social security

affiliation process. These obstacles underline the need to better coordinate and harmonise

the rules and practices between administrations responsible for immigration and those

responsible for social security.

Access by migrants to social security and healthcare in France is closely linked to the socio-

economic context, as shown by the history of bilateral social security coordination

agreements. Nearly 40 bilateral agreements have been signed between France and third

countries, with the aim of facilitating worker mobility and guaranteeing the continuity of

rights to social security. Within the framework of European regulations and international

agreements, France spends more than €6 billion each year to export social benefits, with

the largest item being old-age pensions.

The three case-studies, as well as providing a comparative analysis of access procedures to

social security in Member States, also enable us to better understand the way in which each

country treats the question of access to social security and healthcare for third-country

nationals.

By analysing, in particular, the impact of immigration on public finances, research work on

the link between immigration and social protection highlights the complexity of the

relationship between the immigrant populations and their take up of social benefits, which

depend on numerous variables such as the migrant category, age or qualification level. The

analysis of statistical data also enables a better understanding of the situation of migrants with

regard to social protection, in comparison with French nationals. We note that the

employment level is higher for French and EU nationals than for third-country nationals.

Conversely, the unemployment level is higher for third-country nationals than for the other

two categories. This is also the case for the inactivity rate. Old-age and survivor benefits

represent the largest share in social security expenditure in France, for all population

categories, followed by sickness, healthcare and invalidity benefits.

Thus, the question of access to social security for third-country nationals, with a view to

facilitating their installation in EU Member States, raises several major challenges.

The synthesis report at a European level based on national contributions from the different

EMN National Contact Points will enable the identification of best practices and the

remaining challenges. It could also provide paths for reflection concerning the ways to

respond more efficiently to the needs of migrant workers, in the current socio-economic

climate.

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ANNEXES

ANNEX 1. LIST OF INTERVIEWS CARRIED OUT

Social Security department, Social Affairs and Health Ministry

- François Brillanceau, Deputy Director within the Community and International

Affairs division

- Sophie Albert, Policy officer within the Community and International Affairs

Division

European and International Social Security Liaison Centre (CLEISS)

- Nicole Deletang, Director of Documentation and Communication

- Emmanuelle Eldar, Legal Affairs Director

- Antonio Araujo, Policy officer at the Financial and Statistical Studies department

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ANNEX 2. TABLES AND GRAPHS

- Statistics on employment, unemployment and inactivity79

The data concerning employed workers, unemployed workers and inactive people is

distributed in three groups: third-country nationals, EU nationals and French citizens. For

increased comparability at the European level, it concerns individuals aged from 15 to 64

years.

1. Employment

The employment statistics in the tables and charts below refer to the age bracket 15-64.

Table 1 Employment rates for Member State nationals, other EU countries and Third

Country Nationals by sex, 2008-2012 (%)

2008 2009 2010 2011 2012

MS nationals 65.4 64.7 64.6 64.6 64.7

MS nationals - Males 69.8 68.7 68.3 68.4 68.3

MS nationals - Females 61.2 60.9 61.0 60.9 61.3

Other EU nationals 65.9 64.5 66.9 67.9 65.0

Other EU nationals - Males 72.2 71.2 74.6 74.1 70.7

Other EU nationals - Females 59.9 57.8 59.0 61.4 58.8

Third Country Nationals 49.7 46.0 45.9 45.4 46.2

Third Country Nationals -

Males 62.5 56.5 60.3 58.6 59.9


Females 37.4 36.1 33.0 33.8 33.9

Source: Eurostat, Labour Force Survey (lfsq_egan)


Figure 1 Trends in employment rates for Member State nationals, other EU nationals

and Third Country Nationals, 2008-2012 (%)



79 Source : Employment Survey, Eurostat



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Figure 2 Trends in employment rates for Member State nationals, other EU nationals

and Third Country Nationals by sex, 2008-2012 (%)



2. Unemployment

The unemployment statistics in the tables and charts below refer to the age bracket 15-64.

Table 2 Unemployment rates for Member State nationals, other EU countries and Third

Country Nationals by sex, 2008-2012 (%)

2008 2009 2010 2011 2012

MS nationals 7.0 8.7 8.9 8.7 9.3








Males 17.7 23.4 20.5 22.4 22.8


Females 21.3 24.1 27.1 28.8 28.1







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Figure 3 Trends in unemployment rates for Member State nationals, other EU nationals

and Third Country Nationals 2008-2012 (%)



Figure 4 Trends in unemployment rates for Member State nationals, other EU nationals

and Third Country Nationals by sex, 2008-2012 (%)



3. Inactivity

Table 3 Inactivity rates for Member State nationals, other EU countries and Third

Country Nationals, as a share of the population of the respective group, 2008-2012 (%)

2008 2009 2010 2011 2012





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Page 56 of 60

MS nationals 29.7 29.1 29.1 29.3 28.6







Third Country Nationals - Males 24.0 26.3 24.2 24.5 22.4

Third Country Nationals - Females 52.6 52.4 54.7 52.6 52.9

Source: Eurostat, Labour Force Survey (lfsq_igan)


Figure 5 Trends in inactivity rates for Member State nationals, other EU nationals and

Third Country Nationals, as a share of the population of the respective group, 2008-2012

(%)







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Figure 6 Trends in inactivity rates for Member State nationals, other EU nationals and

Third Country Nationals, as a share of the population of the respective group, by sex,

2008-2012 (%)




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Page 58 of 60

ANNEX 3. BIBLIOGRAPHY

1. Reports, studies and articles

- European and International Social Security Liaison Centre, Statistical report, 2012


- Chojnicki Xavier, Ragot Lionel, Immigration is expensive in France: what do the

economists think? (L'immigration coûte cher à la France : qu'en pensent les économistes ?),

Éditions Eyrolles-Les Échos, 2012

- Chojnicki Xavier, Ragot Lionel, Immigration, demographic ageing and financing of social

protection: an evaluation of the general, calculable balance applied to France (Immigration,

vieillissement démographique et financement de la protection sociale : une évaluation par

l’équilibre général calculable appliqué à la France), n°2011-13, CEPII, 2011


- Chojnicki Xavier, Defoort Cécily, Drapier Carine, Ragot Lionel, Migrations and social

protection: study about the links and short and long-term impacts (Migrations et protection

sociale : étude sur les liens et les impacts de court et de long terme), report for the DREES-

MiRe (Research mission for the Research, Studies, Evaluation and Statistics department), July

2010


- Social Security department, Key figures for Social Security 2012 (Les chiffres clés de la

Sécurité sociale 2012), July 2013

http://www.securite-sociale.fr/IMG/pdf/2013_chiffres_cles.pdf

- European Migration Network Study, Attracting qualified third-country nationals to France,

July 2013

http://www.immigration.interieur.gouv.fr/Europe-et-International/Le-reseau-europeen-des-

migrations-REM/Les-publications-du-REM/Les-etudes/Attirer-les-talents-etrangers-en-

France

- National MISSOC Guide, Your social security rights in France, European Commission,

2012

http://ec.europa.eu/employment_social/empl_portal/SSRinEU/Your%20social%20security%2

0rights%20in%20France_fr.pdf

- Karine Michelet " Rights to social protection for foreign nationals. From the affirmation of

the right to its implementation", Informations sociales 6/ 2007 (n° 142), CNAF, p. 80-91

www.cairn.info/revue-informations-sociales-2007-6-page-80.htm

- OECD, International Migration Outlook 2013, 13 June 2013

http://www.oecd.org/fr/els/mig/pmi2013.htm




http://www.securite-sociale.fr/IMG/pdf/2013_chiffres_cles.pdf






http://www.cairn.info/revue-informations-sociales-2007-6-page-80.htm

http://www.oecd.org/fr/els/mig/pmi2013.htm

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2. Legislative texts

a) National Legislation

Laws

- Law no. 93-1027 of 24 August 1993 relating to controlling immigration and the conditions

of entry and residence of foreign nationals in France

http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000530357

Codes

- Code for Entry and Residence of Foreigners and Right of Asylum (Code de l'entrée et du

séjour des étrangers et du droit d'asile)

http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070158&dateText

e=20140115

- Social Security Code

http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006073189

b) European Directives

- Directive 2003/109/CE of the Council on 25 November 2003 concerning the status of third-

country nationals who are long-term residents


- Directive 2011/98/EU of the European Parliament and Council of 13 December 2011

establishing a single request procedure for a single permit authorising third-country nationals

to live and work in a Member State and establishing a common set of rights for workers from

third countries who are legally resident in a Member State


3. Press articles

- Laurent Agnès (interview carried out by), Protection sociale et immigration: les chiffres

contre les clichés, interview de Xavier Chojnicki (Social protection and immigration: figures

against stereotypes), L'Express, 14 November 2011

http://lexpansion.lexpress.fr/economie/protection-sociale-et-immigration-les-chiffres-contre-

les-cliches_360187.html

4. Internet sites

- The Social Security public service portal: http://www.securite-sociale.fr/

- European and International Social Security Liaison Centre (CLEISS): http://www.cleiss.fr/

http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000530357

http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070158&dateTexte=20140115

http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070158&dateTexte=20140115

http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006073189





http://www.securite-sociale.fr/

http://www.cleiss.fr/

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5. Glossaries

- European Migration Network glossary

http://ec.europa.eu/dgs/home-affairs/what-we-

do/networks/european_migration_network/glossary/index_a_en.htm

- Eurostat glossary on living conditions and social protection

http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Category:Living_conditions_a

nd_social_protection_glossary/fr

http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/glossary/index_a_en.htm

http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/glossary/index_a_en.htm

http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Category:Living_conditions_and_social_protection_glossary/fr

http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Category:Living_conditions_and_social_protection_glossary/fr

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