EEA2 - am I exercising treaty rights in UK?

[doesnotcompute]

Hi there, I recently married my wife, and we are now getting around to applying for an EEA2 EU Residence Permit. I am an EU national, and my wife is Peruvian.

I am in an unusual situation, as I am working in my country's Embassy in London. Technically, I am employed by the Ministry of Foreign Affairs in my country of origin. Although I am physically resident in the UK, I do not fall under the National Insurance scheme (I am tax resident in my country of origin, and pay PRSI taxes etc to my government, and I am paid in euros to a bank account in my country of origin).

I work a full 40 hour week, and I am geniunely "a person pursuing an effective and genuine activity for remuneration as an employed person"

Could my wife's Residence Permit reasonably be refused on the grounds that I do not pay taxes in the UK?

Many thanks

dnc

[86ti]

It's called a residence card. But as embassy staff you perfectly knew that...

The EC Treaty excludes 'employment in the public service' in Artilce 39(4) but I do not know if that would apply to you. I suppose your employer should know that?

[doesnotcompute]

It's called a residence card. But as embassy staff you perfectly knew that...

No need for the smarmy attitude.

The EC Treaty excludes 'employment in the public service' in Artilce 39(4) but I do not know if that would apply to you. I suppose your employer should know that?

I'm not employed in the public service, I'm employed in the civil service. According to this policy document, "the freedom of movement provisions do not apply to certain public servants (e.g. judges). The test is whether the person is responsible for exercising powers conferred by public law or for safeguarding the general interests of the state." Without going into the nature of my job, I'm pretty sure that doesn't apply to me.

[John]

Looking at the terms of the EU Directive ..... DIRECTIVE 2004/38/EC .... which came into force on 30.04.06 ..... I think you are OK. In Article 7 it mentions "are workers or self-employed persons in the host Member State", and I think that applies to you.

However I am sure your situation is not unique. Maybe ask people in your embassy? Or if there is a separate Consulate dealing with the issue of Schengen etc visas, maybe some knowledgeable staff working there?

What is not an issue is whether you pay tax (or NI contributions) to the UK Government. A detailed read of the EU Directive will show that sort of thing is not an issue.

It's called a residence card. But as embassy staff you perfectly knew that...

I don't think that was called for. Not every member of Embassy staff will be totally up to speed with every aspect of Embassy work. Certainly we should not expect every member of Embassy staff to appreciate the difference between a Residence Permit and a Residence Card.