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Topic: EU/EEA Working and Travel for Spouse/Partners of UK Citizens  (Read 741 times)

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Ok, another tough immigration question and I can totally understand if no one knows the answer, since this has to do with how other EU/EEA countries treat UK immigrants.  It is likely that whatever job I get will require me to travel and do business in other EU/EEA countries for short periods of time.  As a civil partner of a EU/EEA is there any consideration given for me working in other EU/EEA countries without a work permit?

From what I can tell there is a Van der Elst Visa, but that still requires me to apply in each country that I might need to go.  I wouldn't be truly "posted" in the country, I most likely would be providing services on behalf of a UK consulting company.  I know in most cases I can get away with "attending business meetings."

Basically, are there any "loopholes" because I am a civil partner of an EU Citizen.  I know that if he were to move to another country, I would be able to join him, much like spouses of EU nationals can come into the UK, but again, we wouldn't be moving, I might just be flying to another EU/EEA country during the week and returning home to the UK on weekends for periods of time.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Re: EU/EEA Working and Travel for Spouse/Partners of UK Citizens
« Reply #1 on: May 14, 2006, 04:00:52 PM »
Basically, are there any "loopholes" because I am a civil partner of an EU Citizen. 

Tricky.  You would most likely start by checking out the Rush Portuguesa loophole, which was established in the eponymous court case. 



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Re: EU/EEA Working and Travel for Spouse/Partners of UK Citizens
« Reply #2 on: May 14, 2006, 04:43:59 PM »
Don't most EU countries allow US citizens to visit visa free for business purposes? I mean for short trips for meetings and conferences etc, not to actually take up employment with a local employer.


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Re: EU/EEA Working and Travel for Spouse/Partners of UK Citizens
« Reply #3 on: May 15, 2006, 11:51:15 AM »
You need to work out if you are 'working' or 'visiting for business purposes' according to the immigration rules of the respective countries.  If you are working, then you will ony get an automatic right to do so if your partner is also excercising his treaty rights in that country.  If not, then yes, the Van Der Elst seems the most appropriate.

Garry - I don't see how Rush Portuguesa is relevant in this one. It gives employment rights, but it does not guarantee entry and permission to work.

Vicky


Re: EU/EEA Working and Travel for Spouse/Partners of UK Citizens
« Reply #4 on: May 15, 2006, 04:03:28 PM »
Garry - I don't see how Rush Portuguesa is relevant in this one. It gives employment rights, but it does not guarantee entry and permission to work.

ISTR somebody used it to drag along dependents...


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Re: EU/EEA Working and Travel for Spouse/Partners of UK Citizens
« Reply #5 on: May 16, 2006, 05:19:11 AM »
I read up on Rush Portuguesa and it does seem to focus on which workers right would be available to me, if as an EU citizen, I was working in another country.

What about the concept of "frontier workers" or "cross-border workers".  I see some stuff out there on the net on it, and I can't find anything that states I have to be a EU citizen in order to fall under this, as long as I am returning home on a weekly basis and I am legally residing in another EU country, I would be ok.  Any idea if you have to be a EU citizen to exercise these rights?

WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


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