French government plans one-year residency rule for migrants' family benefits
Prime Minister Sébastien Lecornu's government is preparing a 2027 budget measure requiring non-EU foreigners to prove one year of residency before receiving certain family and housing benefits. The proposal has drawn criticism from left-wing parties and anti-poverty groups.
France's government is preparing a measure for the 2027 social security budget that would require foreigners from countries outside the European Union, European Economic Area and Switzerland to prove one year of legal residency before qualifying for certain family benefits, according to a draft article seen by POLITICO that has been submitted to the Council of State.
Currently, foreigners with legal status can receive family benefits without any minimum residency period, although waiting periods already exist for some other benefits, such as the active solidarity income (five years) and the solidarity allowance for elderly people (ten years).
The new waiting period would apply to family allowances as well as benefits including family support allowance, back-to-school allowance, the young child care benefit, and the family supplement, plus housing benefits such as personalized housing assistance. Three benefits would be exempted: the disabled child education allowance, the parental presence daily allowance for parents of severely ill or disabled children, and the lump-sum payment granted upon a child's death.
Building on a previous law
In drafting the measure, the government drew on a January 2024 opinion from the Constitutional Council, which had ruled a similar proposal with a five-year residency requirement disproportionate during debate on an earlier immigration law. Some lawmakers from the National Rally party welcomed the new initiative, while Socialist and Green representatives in the National Assembly criticized it as ethically and politically problematic, arguing it undermines the principle of social security coverage based on residency.
Narrower scope than first announced
The measure will not apply to refugees, beneficiaries of subsidiary protection, stateless people, holders of resident cards, or foreigners authorized to work in France. It will primarily affect newly admitted third-country nationals without the right to work, such as visitors, trainees and retirees. The Alerte collective, which groups anti-poverty associations, has expressed concern over the plan. According to an impact study also seen by POLITICO, the measure is expected to save at least several tens of millions of euros annually.
