The Grand Chamber of the Court of the Eurasian Economic Union (EAEU) has issued an important clarification that changes the approach to medical coverage for the families of migrant workers in Russia and other member states of the union. According to the Grand Chamber's ruling, member states do not have an automatic obligation to include workers' relatives in their compulsory health insurance systems.
As a reminder, the dispute arose fr om differing interpretations of Article 98 of the Treaty on the EAEU. In late January 2026, Kyrgyzstan appealed to the court for an advisory opinion, pointing out that member states apply the rules concerning medical coverage for relatives of migrant workers differently.
In its ruling, the court drew a clear distinction between the concepts of social security and the right to medical care. In the EAEU Treaty, these categories are treated as separate. This means that the compulsory health insurance system, being a distinct legal mechanism, is governed exclusively by the national legislation of the state wh ere the migrant and their family reside. Consequently, the automatic issuance of compulsory health insurance policies for family members of migrant workers, which Bishkek had initially insisted on, is deemed non-mandatory.
However, the judges emphasized that migrants' fundamental rights to health are preserved. The provision on emergency medical care remains unchanged: in cases of threat to life or sudden acute conditions, all family members of migrants must be provided with assistance free of charge and immediately throughout the entire territory of the EAEU member states.
What this means for migrants and their families:
- A compulsory health insurance policy for family members will not be issued automatically upon the employment of the primary breadwinner.
- Emergency care is always guaranteed, regardless of insurance status.
To receive planned medical care (visiting doctors, undergoing tests, treatment at clinics), a migrant's family will need to take out a voluntary health insurance policy.
Frequently Asked Questions:
1: Can family members of a migrant worker obtain compulsory health insurance in Russia?
According to the recent March 2026 ruling of the EAEU Court, there is no provision for the automatic issuance of compulsory health insurance policies to family members of migrant workers. This right is regulated by the national legislation of the host country.
2: What should be done if a family member of a migrant worker needs urgent care?
All family members of migrant workers are guaranteed the right to receive emergency medical care free of charge, regardless of whether they have an insurance policy. This applies to life-threatening conditions (loss of consciousness, accidents, severe pain, etc.).
3: What is the difference between compulsory health insurance and voluntary health insurance for migrants?
Compulsory health insurance is a system free of charge for the recipient, financed by the state. Access to it for foreigners is strictly limited by law. Voluntary health insurance is a commercial policy that the migrant or their employer purchases independently from an insurance company.
4: Can an employer arrange voluntary health insurance for a migrant's family?
Yes, the employer or the migrant themselves can purchase a voluntary health insurance policy for family members from any insurance company.
5: What does the EAEU Court's March 2026 ruling mean?
The court's ruling differentiates between the concepts of "social security" and "medical care." It confirms that while emergency care is guaranteed for everyone, including migrants' families in the compulsory health insurance system is not an automatic obligation for member states. This matter is left to the discretion of national authorities and may be regulated by separate bilateral agreements.
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