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I am a third country national, spouse of an EU citizen, living in the member state from where my spouse is, for over a year. I have a residence permit for family reunification with EU national, which allows me to access the job market without a work permit. As far as I know, this rule is similar in most other member states as well. If my spouse relocates to another member state, it is likely that I will be allowed to move with them and access the job market, provided I obtain a new residence permit.

Source: Article 23 of Directive 2004/38/EC

My question is, what about remote jobs in another member state? Can a third-country national, married to an EU citizen and holding a residence permit for one member state, work remotely for another Schengen member state? I have tried to research this, but the query is too specific for search engines to return anything useful.

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To work remotely for a foreign employer it is not generally necessary to have the right to work in the foreign employer's country because you aren't in fact working in that country. The problems with interjurisdictional remote work are largely related to matters like taxes, labor conditions, employer and employee contributions to social welfare programs, and that sort of thing.

For this reason, employers who know what they're doing won't hire remote employees in foreign countries unless they have a subsidiary in that country that can handle such matters. There are also companies that will fulfill the same role, sort of like a "temp agency lite." more likely, therefore, you will find foreign companies that are willing to engage you as an independent contractor rather than as an employee.

If you're living and working in, for example, France, it does not matter whether your foreign employer is in Germany, the UK, or New Zealand; the only place where you need to be authorized to work is France.

This doesn't apply only to international remote work. For example, a company in New Hampshire that hires a remote employee in New York has to withhold New York income tax from the employee's paycheck and remit the withheld money to New York.

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  • By this "temp agency lite", do you mean an employer of record? Do EoRs also usually hire people as independent contractor rather than as an employee? What is the criteria of acting as an independent contractor? Self-proprietorship? Jan 24 at 23:40
  • @NewExpatHere I suppose that this would be the same thing as an employer of record, but I'm only vaguely familiar with the practice, so I'm not entirely sure of the terminology. "Do EoRs also usually hire people as independent contractor rather than as an employee": that would rather defeat the purpose, wouldn't it? "What are the criteria of acting as an independent contractor": it depends on the jurisdiction; factors vary, but I expect that in most having a willing consumer of your services in a foreign country is probably sufficient. Using your own office is another likely criterion.
    – phoog
    Jan 25 at 0:08

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