Immigrationboards.com

Hello Forum,

I have a question -- I am a non-EU national hoping to take a job in the UK as my EU husband exercises treaty rights (as a self-sufficient person, based in part on my employment). My question is, can he continue to work Monday to Thursday in Switzerland and come to the UK on the weekends? He would not violate the 6 month absence law. But would he be violating the rules about being self-sufficient in the UK? Could he work in Switzerland without anyone finding out, or would he have to pay taxes in the UK?

Thank you !

Now, I do not see how the 6 month rule will not be broken if your EEA family member will be out of the UK for 4 days out of the week. Technically, I assume it will be possible. Because the day he leaves and the day he returns will not be counted. Which means, assuming he leaves on Monday and returns on Thursday itself mean that it is only 2 days out of the country!

If he is paying taxes in Switzerland, there will be no need to pay taxes here due to taxation agreements. However, he is fully entitled to be self sufficient on the basis of your income alone.

Let's do the maths: if your husband works four days a week in CH, that will be circa 17 days a month and 208 days a year - more than 6 months.

Don't see him satisfying the residential element, which would put your residence in the UK in question.

I think he would be away from the UK for more than 6 months, but how would anyone know if he has freedom of movement? I am wondering if he has to submit a tax declaration with too much Swiss income they might question his residency, but do the tax authorities communicate with the immigration authorities, and would they ever investigate his case in such detail?