Article 37 imposes one-year residency requirement

Article 37 of the 2027 Social Security Financing Bill, introduced on October 1, 2026, requires non-EU nationals to live in France for one year before they can access certain family allowances and housing assistance. This measure applies to benefits like child allowances and school starting allowances, and indirectly affects housing aid through reference to another legal code.

Criticism from unions and organizations

Unions and civil society organizations have strongly criticized the article, calling it unjust, ineffective, and legally weak. They argue that the measure violates fundamental rights and increases the vulnerability of non-EU nationals, particularly those in regular situations who already hold residence permits.

Impact on families and children

The High Council of Family, Childhood, and Age emphasizes that family benefits are based on household composition, not the administrative status of parents. Article 37 would deprive many regular households of these allowances for at least a year, worsening poverty among parents and children. This could lead to inadequate food, poor housing, and difficulties in education.

Disproportionate treatment and inequality

The government claims the measure aligns with the treatment of French nationals returning from abroad, but this is misleading. Returning French citizens can immediately access family allowances, while non-EU nationals face additional delays. This difference in treatment based on nationality contradicts the principle of equality and France’s international obligations.

Worsening precariousness for vulnerable groups

For foreign women who are victims of domestic violence, family benefits and housing assistance are often the only means to leave an abusive situation. However, those who have recently arrived, especially through family reunification, would be excluded by the new rule. The measure also risks blocking access to housing for 25,000 households, according to government estimates.

Economic costs and inefficiency

The expected savings from the measure are minimal—1.8 million euros annually, or 0.0003 percent of Social Security expenses. However, this does not account for the costs of implementing the policy, including overhauling information systems. The savings are also illusory, as families denied assistance would likely end up in more expensive emergency services.

Previous legal challenges

In 2024, the Constitutional Council censured similar measures twice, with the second censure being on the merits for violating the right to social protection. The measure in Article 37 would further undermine this right, and civil society groups are calling on parliamentarians to delete the article and the government to abandon the policy.

Call to action from civil society

More than 30 organizations have signed a letter urging lawmakers to reject Article 37, emphasizing that reducing access to social protection for non-EU nationals threatens the rights of all citizens. The letter highlights that when the rights of foreigners recede, the rights of everyone are at risk.