Generally speaking the principle of territorial continuity is valid for all rights and entitlements of migrants in France.

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That means that there is no limit to residency in a particular part of France for long term residents.

Long term residents, i.e. those holding a 10-year residence card, former soldiers of the French army and of the Legion, do not require a work permit and can work in all professions, in the whole of the metropolitan territory. The same applied for rules and procedures for determination and decision on requests for residence cards on applications for refugee status and on decisions on expulsion, accompaniment to the border etc..

A certain difference exists, however, for what relates to the Departments d’Outre Mer, mostly in he Pacific region and in the Americas. French territories in both regions are interested by a strong migratory influx, including a strong clandestine migration movement. Illegal migration is at the forefront of public discourse. As a consequence and due to the inevitable complications caused by the large physical distances of such departments from mainland France, certain special provisions apply for those who arrive or migrate purposefully to those territories. In 2002 30,000 people were officially estimated to live without documentation in the French Departements d’Outre Mer in the Americas alone. Certain Departments have been interested by inflow of people asking for refugee status who however have never received a full decision and/or status and live in precarious conditions and without an official permit to work: it is the case, for instance of Chinese “boat people” who arrived in Nouvelle Caledonie in 1997 and who have in part obtained a sort of temporary protection status, renewed every three months, without right to work.

In the framework of an overall process of decentralization of the administration of the Departments d’Outre Mer the government has committed the examination and decision on the specific cases, for instance on expulsion, the Prefects of the regions within the Departments d’Outre Mer. In particular, with the decrees 82-440 of 1982 and 97-24 of 1997 prefects can decide on expulsion against a foreigner who :

• Is above 18 years of age
• Has been resident in the DOM for less than 15 years
• Has committed a crime

A Commission on expulsion of foreigners, under the presidency of the judge is in charge of supervising this kind of expulsion decision. In 2002 the first of such commissions has been established, for instance, in French Guyane, which faces a strong migratory pressure from Brazil and other neighboring countries

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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