Ad Hoc Query on procedure for the issuance of residence permits for medical reasons

In the context of the draft law ‘controlling immigration, improving integration’, currently under discussion in the French Parliament, France is reflecting on possible changes to the procedure for issuing a residence permit for care, whether of a legislative or regulatory nature. To examine the legal and operational feasibility of the proposed amendments, EMN France enquired from the Member States about the relevant legal provisions in this matter.  

22 Member States replied to the ad hoc query. Member States provided detailed information on the conditions for issuing a residence permit on the basis of the state of health, the validity of such document, the procedure in place, the competent body, and the (non-)binding nature of the medical opinion.

In the vast majority of Member States, including Belgium, foreign nationals residing in the country can apply for a residence permit on the basis of their health condition.

Among other findings:

  • Inter alia France, Portugal, Spain, and Sweden apply a similar procedure to that in Belgium.
     
  • Ireland does not issue residence permits on the basis of the state of health. However, third-country nationals from visa-required countries may apply for a short-stay visa to come to Ireland for up to 90 days to undergo a medical procedure in a private hospital. 
     
  • In Latvia, a third-country national has the right to request a temporary residence for the period of time specified in a contract for treatment in a medical institution.
     
  • In some Member States, where there is no specific residence permit on the basis of the state of health, a residence permit can be issued on the basis of humanitarian grounds.

For further information, please read the compilation of answers above.

Publication Date:
Fri 14 Apr 2023
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