Surinder Singh Help

[UK607]

Hi All,

I have been following this forum for a long time as a silent reader and this has always helped me a lot.

I have some Queries regarding SS route.

I have moved to Ireland recently with my mother, wife and two kids. One of them is going to Primary school here and we are renting a two bed room apartment. My mother did apply for EU1 visa last month and waiting for a response. I've following queries.

1- I'm working as a freelancer software developer and my clients are all over the world. The payments are made via Paypal in US dollars and I'm invoicing via my Irish registered business name and Irish registered Paypal account. I transfer that money from Paypal into my business account in Ireland. Is that ok or my clients have to be Irish clients for me to successfully exercise treaty right.

2- Is there any issue if I bill my clients in US dollars while living in Ireland?

3- My UK employer wants me to continue working with them and even ready to offer me full work from home flexibility in Ireland if I continue with them. They are willing to put that in writing that I'm working from Ireland. I'm confused about this as I don't know if this will fail my center of life test or not? If I'm doing business development for them while residing in Ireland but getting paid in UK, will I fail center of life test? The work is carried out in Ireland but they don't have Irish company registration so they cannot pay me here.

4- Any other point that i should be mindful in order to avoid any issues at a later stage?

Thank you in advance....

[Wanderer]

WRT to point 3, you will be liable for Irish Tax and possibly UK tax too on this income, speak to a tax advisor.

[secret.simon]

1- I'm working as a freelancer software developer and my clients are all over the world. The payments are made via Paypal in US dollars and I'm invoicing via my Irish registered business name and Irish registered Paypal account. I transfer that money from Paypal into my business account in Ireland. Is that ok or my clients have to be Irish clients for me to successfully exercise treaty right.

Your clients do not need to be Irish. So long as your center of life is in Ireland and you are exercising treaty rights by being self-employed, you should be fine.

2- Is there any issue if I bill my clients in US dollars while living in Ireland?

Shouldn't matter

3- My UK employer wants me to continue working with them and even ready to offer me full work from home flexibility in Ireland if I continue with them. They are willing to put that in writing that I'm working from Ireland. I'm confused about this as I don't know if this will fail my center of life test or not? If I'm doing business development for them while residing in Ireland but getting paid in UK, will I fail center of life test? The work is carried out in Ireland but they don't have Irish company registration so they cannot pay me here.

Again, it is your center of life that matters. If you are living, working and paying tax in Ireland, that is good.

Be aware that SS rules are being considerably toughened from 25th November onwards.

[UK607]

Thank you Secret.Simon and Wanderer.

I believe there is double taxation agreement between UK and Ireland so I may be liable for some amount but I certainly don't mind paying whatever I owe to tax authorities.

My mother was a frequent visitor to UK in last three years but never over stayed her visa. In last 3 years she stayed 5 months in first year, 4 months in second and 2 months this year before we moved to Ireland from UK. I have seen the new regulations coming into effect on 25th November. I don't plan to go back to UK anytime soon. I'm here until next June/July. Do you think they will think this as a way to work around the current immigration rules and refuse her RC? I'm assuming we don't get any more changes after Article 50 is triggered and things remains the same as of now.

[secret.simon]

The Great Repeal Bill, which will convert EU law into domestic British law on Brexit actually happening, has not yet been published.

While the conversion is straightforward when it comes to Directives and Regulations, it is as yet unclear how it will implement ECJ/CJEU judgments into UK law. The SS route is the outcome of an ECJ judgment and so it is unclear/uncertain whether and how it will continue. That is a known unknown.

[UK607]

Thank you. I really appreciate your help.

[freeworld1]

UK607,

Could you please tell me what supporting documents did you provide when your mother applied for EU1?

[UK607]

Hi,

I provided the documents which were given in EU1 document check list. The only additional documents sent were proof of remittances for last 6 months.