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Hello all,

Any help would be greatly appreciated - I have another thread in the Tier 2 section - this is specifically questions relating to NonEU Family of EEA movement/working rights

Current Situation:
- Australian man (Currently on Tier 2)
- Spanish/Irish woman with UK ILR
- Almost born UK/Spanish from birth baby
- Living in UK

Wanted situation:
- Mother/Baby 9 months maternity leave in Spain
- Apply for EEA Family/Spousal visa after 2-3 months in Spain (as my Schengen visa runs out)
- Australian works from Spain/UK in ratio 3 weeks remotely to 1 week UK
- Australian Employer is UK company - supportive of remote working.

Assumptions to confirm:
- I only have the right to live/work associated with my partner in the country she lives
- I need an entry visa for each EU/UK country that I visit UNLESS travelling with my partner (Australian's get entry into UK for 6 months visitor or Schengen)
- Technically if my partner travelled with me each month I could enter the UK and work because the rights travel with her and I'm attached to her.
- The UK has a requirement for me to prove that my EU national partner is in the country if I travel without her (even if I get a UK residence permit before we go to Spain)
- I wouldn't have any "cross-border commuter" rights because I'm NonEU
- Even if I did have "cross-border commuter" rights, I'd fail the "once per week" rule

Questions:
- Legally, it seems that my UK company can employ me without requiring me to have a right to reside in the UK. There are some weird taxation things (out of scope) but provided I travel/live with my partner I can work legally in Spain for the UK company?

- Is it possible to be a "resident" in both Spain and the UK? And have multiple residence cards/permits?
EG We apply for EEA Family in the UK and then eventually move to Spain, use the 3 months, apply/register in Spain for the EEA Family and have two valid EEA residence permits?
Potentially I'd need to report the change of address to the UK and that would be what invalidates it.

- Am I getting this completely wrong?

MattyAus wrote: ↑

Fri Aug 03, 2018 2:00 am

- Spanish/Irish woman with UK ILR

Clarifications required
- Are you married or in "a relationship akin to marriage"/durable partners? Rights vary on which category you are in.
- Where was the woman born? How did she acquire Irish citizenship?
- How did she acquire ILR? Or do you mean that she is settled in the UK as an Irish citizen? Or does she have PR under EU law? Each one has different rights and requirements.

Thanks for the follow up,

1 - yes durable, unmarried, baby is/will be ours with associated birth certificate, lots of evidence of lasting relationship with 2 years solid living together proof in November.

2 - born in Spain, to an Irish mother who was born in Ireland

3 - PR under EU law (7 years in the UK)