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Yes, so long as your wife accompanies you.nswelton wrote:Hi,
I am self employed and am a photographer. My wife is a Norwegian citizen and I am a US citizen. Can I work in the EU if I have a residency permit from Norway (as an EEA member)?
ThankS!
More precisely, she must be a resident of the country you are working in.Wanderer wrote:nswelton wrote:Hi,
I am self employed and am a photographer. My wife is a Norwegian citizen and I am a US citizen. Can I work in the EU if I have a residency permit from Norway (as an EEA member)?
ThankS!
Yes, so long as your wife accompanies you.
Yes she can, why would you say she cannot?republique wrote:She can not merely accompany you into another country so you can work.
You are reading it wrong.benifa wrote:Yes she can, why would you say she cannot?republique wrote:She can not merely accompany you into another country so you can work.
I hate to contradict you republique, but that's quite wrong.republique wrote:You are reading it wrong.benifa wrote:Yes she can, why would you say she cannot?republique wrote:She can not merely accompany you into another country so you can work.
the EU citizen can't just travel country A monday and to country B tuesday so that the non ea person can work there on those two days. The EU citizen must be working or living there, exercising her treaty rights so that the spouse can work there too. If the EU citizen is just visiting that day, the eu spouse can't work in that country on that day too by virtue of the EU citizen's presence in the country at the same time. dMf
No.nswelton wrote:wow, thanks for your answers!
just to confirm though, my wife isn't an eu national, but rather an eea national (norwegian), and i'd be an american citizen with a residence permit in norway. does her being an eea national instead of an eu national make a difference?
Physical presence alone is sufficient.nswelton wrote:anyway, i'm confused. say i get a job shooting an event in italy while i am living in norway as a permanent resident. does this directive mean it's legal for me to shoot the job in italy so long as my wife is physically present in italy with me? does she have to be working as my assistant or something, or can she just fly to italy with me?
The right to work is not dependend on formalities and therefore there from day one. Your right to stay in the first three month is only conditional on having the passports/IDs, visas if necessary and the proof of relationship.Wanderer wrote:Doesn't the factor of exercising a treaty right come into this before the OP can work as suggested? And that would only happen after three months residency.
Good luck on any employer relying on a such a scenario to employ a non EU national nor would it be economically prudent to work in this manner. On principle, what you say is correct, on a practical level the nexus is residency not presence.benifa wrote:I hate to contradict you republique, but that's quite wrong.republique wrote:You are reading it wrong.benifa wrote:Yes she can, why would you say she cannot?republique wrote:She can not merely accompany you into another country so you can work.
the EU citizen can't just travel country A monday and to country B tuesday so that the non ea person can work there on those two days. The EU citizen must be working or living there, exercising her treaty rights so that the spouse can work there too. If the EU citizen is just visiting that day, the eu spouse can't work in that country on that day too by virtue of the EU citizen's presence in the country at the same time. dMf
The EU national can just travel country A Monday and to country B Tuesday so that their non-EEA national family member can work there on those two days.
This is precisely the freedom of movement of EU nationals and their family members as laid out in Directive 2004/38/EC.
Such movement by the couple, and employment / self-employment by the non-EEA national family member, is entirely lawful.
I was nodding my head reading most of this post, until I saw what is quoted.Obie wrote:4. Simply getting an EEA national to accompany you to a Memberstate 2 days when you are working and returning again after that period, does not confer the right of employment to a non-EEA family member, except the family member can demonstrate that the EEA nation on whom he depends is a Frontier worker, or living in that state as an economically inactive, or Economically active person as stipulated on the EC treaty.
Therefore some form for evidence like a Medical insurance or evidence of an economic activity being undertaken, would need to be furnished, for the third country national to invokes these community rights.
And she wasn't even trying to work. In any case, non EU nationals have to work for a company for one year before they can participate in cross border services so that is out and now since others have gone to find the actual legislation, my original interpretation was spot on. You have to be exercising treaty rights for your spouse to work and visiting is not enough to confer that right.eldane wrote:Perhaps a different approch would be beneficial.
Why don't you register a company in Norway that automatically gives you the right to exercise reverse comunity rights i.e sell your services to other EEA countries without you having to take up residence in that country (which I understand is not your target anyway).
Ladies and gents may I refer to the Carpenter ruling?
http://eur-lex.europa.eu/LexUriServ/Lex ... 60:EN:HTML
In exceptional cases, EEA nationals residing in their country of nationality and providing cross-border services to other EU/EEA Member States are entitled to family reunification under EU law.
In the Carpenter judgment, the European Court of Justice ruled that a Union citizen/an EEA national residing in his/her country of origin, but providing services to customers in other EU/EEA Member States, is entitled to family reunification under EU law in that country under highly exceptional circumstances.
The Carpenter case concerned the British national Mr Carpenter, who provided cross-border services to customers established in other EU Member States and in the United Kingdom. Mr Carpenter's business was established in the UK, and he travelled to other EU Member States for the purpose of his business. The UK Secretary of State made a deportation order against Mr Carpenter's spouse, who is a national of the Philippines, but the European Court of Justice determined that, by virtue of the provisions of the EC Treaty relating to the freedom to provide services, she had a derived right of residence in the UK.
Eldanes - Michael
Be one of:nswelton wrote:so what does the phrase "exercising treaty rights" actually mean?