International Doctoral Student Stuck on Birth Certificate Extract Issued Within 1 Year

Hi John.

I am afraid you will ultimately have to go through the Malaysian Embassy to obtain a birth certificate, even if this takes a long time. That said, the CPAM refusal of your birth certificate may delay the attribution of your definitive social security number but should not prevent you getting health coverage.

So you should insist with the CPAM to get an attestation des droits. If they refuse, you have to appeal the decision at the "Commission de Recours Amiable". If they further refuse, you may have to escalate to the Tribunale Judiciaire. Unfortunately, also this process takes a long time.

Please try to bring this problem to the attention of your research institute, the HR of your lab, the international office of the university, the director of the doctoral school and the University vice-president delegated to student affairs. They will not be able to directly help, but they should be made aware of their institutional responsibility towards their grad students and employees. An employee being unable to access their healthcare rights is not a private matter. You may also try to contact a syndicat, but they are not the best equipped to deal with the issues of international researchers, unfortunately.

Best of luck.

Thank you both for your answers.
I have already tried to contact CPAM through the English speaking line. This number is rarely active and it would take me many more months if I did not have French-speaking assistance.
My French colleague was kind enough to sit down with me and call the regular CPAM number. They told me that Malaysia is not in their exception list of countries and the document is absolutely required.

To be clear they asked for "une copie de votre acte de naissance en langue originale avec fillation de moins d'un an accompagnée de sa tradution et de sa legéalisation et votre certificat de naturalisation". I had already sent them "une copie intégral de votre acte de naissance en langue originale avec le tampon de légalisation accompagnée de la traduction en français délivrée depuis moins d'1 an".

The consular replied and told me I must contact JPN before they will book an appointment with me at the Embassy, so I have no assistance from the Embassy until I already prepare the JPN documents. None of my immediate family live in Malaysia, we all moved to Australia. So they would have to fly there to get anything done with JPN. We are all non-citizens of Malaysia so the process is complicated, requiring an "Official letter to apply for a search or extract of the register". I am not sure who to even ask for this letter as the consular has been unhelpful to the entire process.
The consular reply:
"Greetings from the Embassy of Malaysia in Paris, France.
First, please contact the Jabatan Pendaftaran Negara (JPN) to obtain information regarding the procedure for requesting your birth certificate through the Embassy.
Once all required JPN documents are prepared, you may request an appointment with us."
The JPN process:
https://www.jpn.gov.my/en/core-business/birth/peninsular/...
Required Documents (Original and Copies)
CATEGORY 4: OTHER THAN PERSON IN CATEGORIES 1 TO 4
Form JPN.LM12 that is completed;
Identity card or identification document (Non Citizens);
!!! Official letter to apply for a search or extract of the register; !!!
Statutory Declaration (if applicable);
Family Tree (if applicable);
Power of attorney to oversee the application (if applicable);
Any document or information that can be used as a basis for making a search on a birth register such as a school attendance letter and another siblings’ birth certificate (for a birth search application).

I already have an Australian citizenship certificate, and transcription of my original birth certificate into the Australian register. This is not the issue.
My parents have asked their relatives what to do and we are waiting.

I do want to make a complaint to all possible channels. Université Paris Cité has been very unhelpful, requiring me to bombard them with emails to get my "bulletin de paie" (which the CPAM asked for in an earlier letter). This was already quite ridiculous as I can't access my "bulletin de paie" without a securite sociale! Further, they have given me no guidance on enrolling in a mutuelle even after many emails. Thankfully my lab is extremely helpful and supportive.

At this point I am extremely exhausted, approaching my 8th month without assurance maladie.

Hi John,
I cannot offer much concrete advice but just give some context from my understanding of the regulatory framework. To be covered under the PUMA scheme, the law requires that you certify your identity and you demonstrate you fulfill the requirements (so, residence permit + employment contract/payslip).

Then the nationally-regulated "identification" procedure (sometimes called also immatriculation) requires un "acte d'état civil" which would be your birth certificate. This procedure is required to deliver your social security number (NIR) and is handled by a central institution (SANDIA), for which the CPAM acts as an intermediary. There are some national directives stating that this procedure has to be fulfilled, but is not a prerequisite for health coverage (meaning, you should be able to get your attestation des droits while this is being sorted out).

But there's a catch: the regulations allow the CPAM to ask for further documentation when they see fit, for the purpose of social security fraud prevention. In my understanding this step is somewhat discretionary (or regulated by directives that are not public).

To understand where the issue stands, you could ask explicitly the CPAM (in writing, with a LRAR) to justify their demand from the regulatory point of view, if they haven't done already in their correspondence. A requirement that has no strong regulatory grounds could be challenged. My feeling is that the CPAM can indefinitely insist on their requirement until you open the way for a legal appeal (recours), that would be:
1. ask for an attestation des droits and get a refusal;
2. appeal the refusal at the Commission de Recours Amiable of the CPAM;
3. in case of a further refusal, or lack of answer within 2 months, appeal at the Tribunal Judiciaire.

Unfortunately all this (maybe step 2, but especially step 3) will require the assistance of a lawyer. Since you are also a student, you may be able to get legal advice from some university office or some student's association/union. Try to see if that is an option. Contacting the "Defenseur des Droits" could also be an idea. I know it can be exhausting but you should not leave any stone unturned.

Other comments:

• I am sorry the university has been unhelpful. Your HR department should be able to send you payslips until you have your NIR and you can access the national portal;
• I would still write a letter to the vice-presidents delegated to students affairs and internationalisation, maybe put also the office of the president in copy;
• Keep insisting with HR that you are concerned about working without be insured. Try to get in writing information about your insurance coverage in case of "accident de travail". I would send them a LRAR just to be sure they provide an answer with legal value. Either they have to admit you are working without being insured (which I would assume it's a big liability), or they have to write you are eligible for insurance (that may strengthen your case).