EEA Family Permit (Surinder Singh Route with a Twist)

[nedk]

I'm interested in applying for an EEA Family Permit, basically the Surinder Singh route, but I have a question regarding the employment part.

My current situation:

1. A UK National
2. Living in Austria - registered with the Austrian government as doing so for the last 2 years
3. Married to a non-EEA National - married for 3 years. Married in Austria.

So far, so straight forward.

However, my employment situation is not straight forward. Due to my field of work, computer programming, I can effectively operate from anywhere in the world, for clients anywhere in the world.

Currently I operate a UK Limited Company, which invoices my UK based clients. Periodically I do need to journey back to the UK for face to face meetings. I pay myself a salary from my UK limited company, to a UK bank account, which I then simply access with a Visa card at Austrian ATMs.

I see this as being Self Employed. Having read all the EEA Family Permit documentation, and regulations about being a Worker and being Self Employed, I do wonder if the structure of my setup (still being paid by a UK registered company, into a UK bank account) would scupper my application, even though I've been exercising my treaty rights and registered as living in Austria for the past two years.

We would like to move to the UK, but apart from me moving for several months first and then applying for the Spousal Visa (which may take an age to be issued), I'm not sure of any other valid route besides the EEA Family Permit.

Any input greatly appreciated.

[Lucapooka]

It's quite simple: you need to register with the local tax authorities as a self-employed whatever you wish to call yourself, and pay tax on your income. Just as any self-employed person would do in any location in the world. If you are ordinarily resident in Austria you are, in any case, liable to tax on your overseas income even if it is not remitted in that location. If you don't register as self-employed, your income will not be classed as an economic treaty right; merely as income from non-employed sources which would not qualify for Singh.

[nedk]

Thanks Luca. That makes sense and simplifies things.