EEA FP some doubts!

[nobodysperfect]

Hi Forum,

I am a newbie here so please be gentle. I have a few questions about EEA FP under Surinder SIngh scenario. I would apreciate any input and help from the lovely helpful people here.

Can someone be qualified under Surinder Singh if they were providing services with self employment registered in a member state but working from the UK while still getting paid in the member state for client not based in the UK? (ofcourse with due evidence) Would that still be a qualifier since the money is earned in the member state?

OR

IF a British national is providing services to a non UK based (EU) client while being in the UK would qualify under SUrinder Singh?

If yes please provide a link on either EC Europa site or an ECJ which clairfies this.


If a self employed person stops working due to any of the following reasons would they still qualify to be self employed under SS?

Continuity of residence shall not be affected by temporary absences not exceeding a total of six
months a year, or by absences of a longer duration for compulsory military service, or by one
absence of a maximum of twelve consecutive months for important reasons such as pregnancy and
childbirth, serious illness, study or vocational training, or a posting in another Member State or a
third country.

If yes please share the links.

Thanking you all in advance.

[Lucapooka]

You need to have been living and working in another EEA state and your partner living there with you as mutually inclusive events. Has that been the case?

[nobodysperfect]

You need to have been living and working in another EEA state and your partner living there with you as mutually inclusive events. Has that been the case?

I am not sure what do you mean by mutually inclusive event. I am sure that my partner doesn't have to be living there with me. There has been an ECJ about this.

I have been in another member state for a short period of time and yes with my partner who has a residence card which is valid for 6 months. I am still classified as a self employed n my partner is still there as I am away for a some time due to an important reason which is one of the mentioned above I.e. Serious illness, pregnancy, vocational training etc.

I am self employed and did genuine earnings for last three months however due to my personal reason I have been back in the UK for most of the time.

Coming back to my original question can you practice eu treaty rights being in the uk while being self employed in other member state? [/list]

[nobodysperfect]

Reading the following line from Akrich under -

http://eur-lex.europa.eu/LexUriServ/Lex ... 09:EN:HTML
Legislation-
No 4
1.
The provisions of this Directive shall apply to any national of a Member State who resides in or travels to another Member State of the Community, either in order to pursue an activity as an employed or self-employed person, or as a recipient of services.

However Mrs Akrich was working continously in Ireland. I am not sure that this would help me prove my point. Gurus please help!

[nonspecifics]

Why don't you also try asking the Your Europe advice team, so you get a second opinion?

Found here:
http://europa.eu/youreurope/citizens/co ... dex_en.htm

[nobodysperfect]

Why don't you also try asking the Your Europe advice team, so you get a second opinion?

Found here:
http://europa.eu/youreurope/citizens/co ... dex_en.htm

does anyone here knows anything?

[Lucapooka]

Well I know it's a Saturday, and this question began late on a Friday, and that this forum is not a branch of the emergency services. I hope that helps your understanding.

[nobodysperfect]

Well I know it's a Saturday, and this question began late on a Friday, and that this forum is not a branch of the emergency services. I hope that helps your understanding.

I don't know what you talking about. I am asking if someone knows the answer for the question if you don't know it let someone else answer. Most of the questions asked on this forum can be answered by Your Europa helpline but people here know the finer details that I won't find from their online help. I appreciate you trying to make me understand. Have a nice weekend.

If anyone else knows anything please share the links.

[nobodysperfect]

Bump. Guys please help

[Jambo]

Not sure about the fine print but I'm not sure it will all be needed when put to the test.

If you can provide evidence of several months of a business operating in a member state + evidence of residence there (i.e. rent agreement to cover the whole period), then I don't think UKBA will examine to see where physically you have been every day.

[nobodysperfect]

Not sure about the fine print but I'm not sure it will all be needed when put to the test.

If you can provide evidence of several months of a business operating in a member state + evidence of residence there (i.e. rent agreement to cover the whole period), then I don't think UKBA will examine to see where physically you have been every day.

Thanks Jambo. Unfortunately I won't have that option available now. The point I mentioned above is the Akrich decision says the person who resides or travels in to practice the treaty rights. Do you think its a valid argument?

[nobodysperfect]

Hi Guys,

I spoke to Your EUropa but no luck.

[MelC]

Hi Guys,

I spoke to Your EUropa but no luck.

what do you mean no luck? did they say that you don't qualify?

if you lived and worked in another member state, and your spouse was with you, you have already said the point of continuity of residence.

I don't know if the McCarthy case would help you, probably not, but you did ask if a person was self employed in the UK and providing services to another (any other) EU state ~

that would be the cross border element possibly?

I didn't have a rental agreement for a property, lived with family in another EU state, and my hubby and I came to the UK under SSR.

dunno how we will fair with a res card here, but as hes not a threat to public security health or policy theres not a great deal the UK can do as we have decided to stay ~ we weren't sure to be totally honest when we arrived here but we are going to stay.

I did email frequently with your europe, quoted some of the well know cases and asked them to confirm, and they did confirm some finer detalis for me,

try them again?


dunno if that helps you at all.

[MelC]

i should add, that we didn'[t have an EEA fp, my hubbies passport was stamped at calais and marked surinder singh

[nobodysperfect]

Hi Guys,

I spoke to Your EUropa but no luck.

what do you mean no luck? did they say that you don't qualify?

if you lived and worked in another member state, and your spouse was with you, you have already said the point of continuity of residence.

I don't know if the McCarthy case would help you, probably not, but you did ask if a person was self employed in the UK and providing services to another (any other) EU state ~

that would be the cross border element possibly?

I didn't have a rental agreement for a property, lived with family in another EU state, and my hubby and I came to the UK under SSR.

dunno how we will fair with a res card here, but as hes not a threat to public security health or policy theres not a great deal the UK can do as we have decided to stay ~ we weren't sure to be totally honest when we arrived here but we are going to stay.

I did email frequently with your europe, quoted some of the well know cases and asked them to confirm, and they did confirm some finer detalis for me,

try them again?


dunno if that helps you at all.

Well your Europa says they will need to look into details and find out if we qualify. I will have to wait for a week to get an answer from them.

What was McCarthy all about? I will read it now.

I hear you MelC. We cant expect anything better from UKBA can we?

Can you tell me what documents did you have when you reachec the Calais?

Thanks.

[nobodysperfect]

Hi MelC,

The McCarthy case would have nothing to do with this as she was a dual citizen who never went outside the member state of her nationality.