The State Council issued April 7, 2010 two cases of special importance regarding the right of residence for foreign patients.
The law provides that a residence permit must be issued to "ordinarily resident abroad in France, whose health requires medical care whose fault it could lead to consequences of exceptional gravity, provided that it can actually benefit from appropriate treatment in the country where it originated. "
However, in a number of countries, medical treatments are very expensive, so that even if they exist, patients less fortunate can not benefit.
Many recent decisions considered a residence permit could not be granted to a foreign patient if treatment was available in his country of origin, even if its cost was prohibitive.
With these two decisions, the State Council, adopt a contrary approach.
It indicates that the Administration must take into account the overall cost of treatment, and resources of the person concerned.
In the event, where the latter would unable to receive proper treatment in his home country for financial reasons, a residence permit should be granted him.
These two decisions may be accessed by clicking on these links:
Yann will - Lawyer, All rights reserved. www.yanngre.com 
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