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EU residency rights - working as an independent contractor

Posted: Wed Jan 25, 2012 12:42 pm
by keloid
Hi there,

Just a quick question.

I understand that if you take employment in an other EU state, then you are exercising your EC Treaty rights and therefore your non-EU spouse may able to apply for a residence card.

However, does being an independent contractor count as being 'employed'? Or does it count as being self-employed?

Either way, would I be deemed to be exercising my EC Treaty rights should I work as an independent contractor?

Posted: Wed Jan 25, 2012 10:23 pm
by Obie

Posted: Wed Jan 25, 2012 10:46 pm
by keloid
Obie wrote:SeeQualified Person
Hi,thanks for this, but this seems to be UK legislation.

The country where I will be taking up work is Ireland. Is there either a piece of Irish legislation that deals with this issue, or perhaps an EU directive?

Thanks again.

Posted: Thu Jan 26, 2012 10:06 am
by Obie
You should be fine. See Regulation 5. In future advise on Irish immigration should be posted on Ireland section.

There is a difference between a worker and a Self Employed person in the sense that there is relationship of surbordination with regards to an employed person which is absent in a Self employed situation.

Family member of both have similar rights and entitlement, so it is not relevant for the purpose of securing residency right to state the differences.[/list]

Posted: Thu Jan 26, 2012 1:09 pm
by keloid
Obie wrote:You should be fine. See Regulation 5. In future advise on Irish immigration should be posted on Ireland section.

There is a difference between a worker and a Self Employed person in the sense that there is relationship of surbordination with regards to an employed person which is absent in a Self employed situation.

Family member of both have similar rights and entitlement, so it is not relevant for the purpose of securing residency right to state the differences.[/list]
thanks for this. really appreciate it.