4

There are a lot of areas which are basically 'France' but are not actually in the country. For example caribean islands etc. (Overseas France)

In my job I am not physically bound to any specific location. I thought maybe the 'Schengen-Agreement' also works for overseas areas and generally enables me to live in France but work in Germany. Is this the case? I plan to live and work there for ca. 6 month if that matters.

Edit: In my specific case I want to live in Guadeloupe and continiuing to work in Baden-Württemberg.

Edit2: I'm a German citizen (no additional nationalities).

Improve this question
6
  • Which territory specifically? EU member territories are notoriously full of legal quirks, with France probably being the worst culprit for that.
    – DPenner1
    Jul 18, 2018 at 17:21
  • @DPenner1 I've added my specific case to the question :) Hope that helps.
    – OddDev
    Jul 19, 2018 at 6:03
  • IANAL, but as best I recall Schengen is (solely/primarily?) about border checks, rather than free movement of labour.
    – owjburnham
    Jul 19, 2018 at 11:55
  • Additionally, relevant (I think?) to the question may be whether or not you yourself are an EU citizen?
    – owjburnham
    Jul 19, 2018 at 11:56
  • 1
    Related (duplicate?) at Expats.SE: Which EU territories outside Europe does an EU citizen have right of residence in?
    – Michael Seifert
    Jul 19, 2018 at 17:23

1 Answer 1

Reset to default
2

Let me start off by quoting Wikipedia on Guadeloupe:

Guadeloupe, like the other overseas departments, is an integral part of France. As a constituent territory of the European Union and the Eurozone, the euro is its official currency and any European Union citizen is free to settle and work there indefinitely. As an overseas department, however, it is not part of the Schengen Area.

Basically, as a territory1 situated outside of Europe, Schengen does not apply, but as a territory situated in the European Union, free movement applies, allowing2 the scenario you describe. For France, this is the case for the territories of Guadeloupe, Réunion, Martinique, French Guinea, Mayotte3, and Saint Martin4. Other French territories are not generally considered to be part of the European Union5.

This means that French immigration law generally applies to these territories6. For stays of 3 months or less, no formalities are required as guaranteed by Article 6(1) of the Citizens' Rights Directive, other than holding a valid identity card or passport. While stays longer than 3 months can be subject to formalities, it doesn't appear to be the case for a 6 month stay in France (French link). However, if asked, you are required to provide proof of your employment.

  1. There are specific legal terms at the French and EU levels for different types of territories. To avoid confusion and complexity, I'm sticking with "territory."
  2. Allows, not guarantees. Your employer might object because of tax ramifications, timezone issues, etc.
  3. Labour situation currently unstable (French link).
  4. Unlike the others, Saint Martin is not considered an integral part of France and so expect more than usual amounts of deviation from French/EU law.
  5. However, France has chosen to extend this EU freedom to the non-EU territories of St. Pierre & Miquelon and Saint Barthélemy (French link).
  6. No answer on French overseas territories is complete without a final disclaimer that there can be deviations from normal French/EU law, so consult a lawyer if you're concerned (or likely better in this case, a French immigration official). However, I did skim the relevant law wherever Guadeloupe was mentioned and it seemed like all deviations were related to asylum or not being in the Schengen area.
Improve this answer

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .