OK, now the dust has settled a bit ............

[Tony F Dordogne]

Perhaps I could get some advice.  I have a chum, early 50s, inactif, been in France 2 years 5 months, was in the system but how isn't - his E106 has expired and he doesn't have a current CV.  He's a widower, his wife died about 18 months ago in a road accident, in France.

So, what is his position?  Is he legal, can he get back into the system immediately or does he need total health insurance or the usual mixture of both?

 

[Sunday Driver]

When your friend arrived in France, he was required under immigration law to have adequate heath insurance once he'd lived here for three months.  During the initial period, he was covered under his E106, but when that expired, the rules at that time gave him the opportunity to continue his mandatory heath insurance cover by transferring to the CMU.  Apparently, he didn't do this, so since then, he's been in breach of the immigration regulations.

The latest announcement means that people who were legally resident before 23 November under an E106 can now obtain cover under CMU (or, in the case of those already registered under CMU, continue with their existing cover), but because he has been living outside the rules, he is unlikely to qualify and he will probably have to obtain private cover in order to maintain his right of stay in France. 

He will, of course, be able to benefit from the 'five year' rule, but given his irregular status, I suspect that the clock will have to start from now...

 

[woolybananasbrother]

And I have a friend, early sixties, no E106, came here in late September 2007 from another European country but is Brit born. When he arrived he, he was apparently not allowed to join the CMU as it was closed for 'inactifs' in September. But the 'closing' date has now been shifted to November.

Wat duz he do pleez? Can he join the CMU?

By the way, the original French text said 'in the CMU' on 11th November, not legally resident (didnt it?)?

How does he go about proving legal residence as he will not fill out a tax return for 2007 until May?

[woolybananasbrother]

Any views?

[Ron Avery]

Ask your brother, he seems to know all there is about living in France.[6]

[woolybananasbrother]

He has passed away[:'(]

[makfai]

[quote user="woolybanana'sbrother"]

And I have a friend, early sixties, no E106, came here in late September 2007 from another European country but is Brit born. When he arrived he, he was apparently not allowed to join the CMU as it was closed for 'inactifs' in September. But the 'closing' date has now been shifted to November.

Wat duz he do pleez? Can he join the CMU?

By the way, the original French text said 'in the CMU' on 11th November, not legally resident (didnt it?)?

How does he go about proving legal residence as he will not fill out a tax return for 2007 until May?

[/quote]

In his shoes I  would apply again (and if turned down appeal) saying that the only reason I was not affiliated to the CMU before November was as a result of the decision made to exclude me in September

[TWINKLE]

Nice one Ron[:)]

Are you coming to the picnic at Renauds - oh go on - I'm dying to push you in the pool[kiss]

[woolybananasbrother]

Thank you makfai, I will pass on the message. Guy is in a wheelchair these days so is a bit worried about his health cover.

[Boiling a frog]

If your friend had arrived in late September 2007 he/she would not have been eligible under the old rules to join CMU until resident for three months ie late December 2007.

As far as I can see the new rules only allow people in the CMU or having an E106 on 23rd November to either remain in the CMU or apply when their E106 runs out.

He/she has suffered no loss having been told that he/she was not entitled to join CMU and would need PMI.

So I wonder on what grounds could an appeal be made 

[cooperlola]

This is one of the points, woolyb's b, on which we are seeking clarification.  However, the Embassy seems very confident that the rule will be "legally resident on 23rd November".  In the past, the CPAM rules for this have been based upon producing documents such as tax returns and utility bills, plus evidence of health care.  Obviously, there has been a gap -not of the making of the individuals affected in the case of those whose E106 expired on "odd" dates - and who got caught in the hiatus period.  We think they have a very strong case to be let in.

http://www.frenchhealthissues.eu/latest_news/fhi_letter_minister_25_01.htm

In the case of Tony's friend, he never even attempted to comply with the law as it stood, so I think the case is much weaker.  What is more, we have strong evidence to suggest that the "5 year rule" will start again, if there has been a legality gap.  It would not surprise me at all if he were refused CMU entry until 5 years after he finally gets his private healthcare sorted - which is probably his only route.  He may be able to play the sympathy card but generally ignorance of the law is not an argument against having broken it.  Sunday Driver has it right, as is so often the case, to my mind.

 

[woolybananasbrother]

Thanks Coops, I will pass the information on.

[sunshine 2]

Hi  - A couple of people assumed that Tony's friend had an E106 that expired a long time ago.  But he has only been here 2 yrs 5 months so theoretically it might be that his E106 only just expired, perhaps as recent as 5/1/08 - in which case I think he should be fine to apply for CMU now, or as soon as his local CPAM office get the relevant guidance.

[cooperlola]

[quote user="sunshine 2"]Hi  - A couple of people assumed that Tony's friend had an E106 that expired a long time ago.  But he has only been here 2 yrs 5 months so theoretically it might be that his E106 only just expired, perhaps as recent as 5/1/08 - in which case I think he should be fine to apply for CMU now, or as soon as his local CPAM office get the relevant guidance.[/quote]True, yes, I see that now. If his E106 expired since the FIRST announcement, then he should be let in. If before, little chance I reckon, as said above.

Sorry, Tony, if I misunderstood you.