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AuthorPost
Norm
Junior Member
Member # 6789
Posted January 12, 2003 07:54 AM
Here's my situation.

I'm a professional pilot. I hold a UK work permit (Grandparent entry certificate).

The majority of UK based major airlines want "the unrestricted right to work in the EU". I'm thinking that I would be able to hold a UK base but would be flying into other EU countries and staying no more than a few nights in a hotel.

Any opinions?

Regards

Norm

Thorsten von Thyssen
Member
Member # 4397
Posted January 17, 2003 03:39 PM
I think that a Van der Elst visa would assist you.

Van der Elst v OMI (Case C-43/93):

The complainant operated a demolition company which was established in Belgium. He employed a number of foreign workers, many of them from Morocco. They had work permits and were lawfully employed in Belgium. The company was engaged to carry out a demolition contract in France. Foreign employees were not permitted by the French authorities to work on the contract without French work permits. On an Article 234 reference, the Court of Justice held that the Belgian undertaking was providing a service under Articles 49 and 50, and that it could bring its workforce of whatever nationality to perform that task. Any attempt to impose further controls on its workforce would amount to a restriction on the provision on services and would be unlawful. The imposition of further work permit requirements would, the Court said, amount to the duplication of the procedures the company had already gone through in its home state.


As one of the fundamental principles of the Treaty, freedom to provide services may be restricted only by rules which are justified by overriding reasons in the general interest and are applied to all persons and undertakings operating in the territory of the state where the service is provided, in so far as that interest is not safeguarded by the rules to which the provider of such a service is subject in the Member State where he is established.

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...cut the bullshit please...

Norm
Junior Member
Member # 6789
Posted January 17, 2003 05:00 PM
Well, I'll reserve judgement on the destruction of Carthage.

However the rest of your post looks, as the British would say "spot on".

Thank you.

Jaz
Junior Member
Member # 2748
Posted January 18, 2003 07:05 AM
Hello Tnavon

If you can kindly clarify further your point. Here is a hypothatical situation, I work for company "A" that builds cellular networks. Company A is based in uk and i am working with company A on a uk work permit. My company wins a contract to build a cellular network in Norway. Now the company wants me to move to Norway and work on the project. So is it my "right" to be awarded a visa to work in Norway ? or do I need a Norwegian work permit to be able to work in Norway.

I am a bit confused about this free trade movement stuff. Can you kindly comment on the above mentioned example.

Thorsten von Thyssen
Member
Member # 4397
Posted January 19, 2003 12:41 AM
Despite the common belief, Norway is not a member state of the EU (it is part of EFTA). As such Norway is not bound by the Van der Elst ruling.

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...cut the bullshit please...

Jaz
Junior Member
Member # 2748
Posted January 19, 2003 09:03 AM
Hello Tnavon

Thanks for your correction and response.
well if you can pls replace norway in the above example with any other eu country like france or germany, what will be the outcome. what i am curious to know is that is it my "right" to be issued a visa to work in other eu country provided my company (uk based) has secured a contract in another eu country and i am working with my company on a work permit in uk.

again many thanx for your kind response in advance.

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