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EU residency rights - working as an independent contractor

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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keloid
Junior Member
Posts: 71
Joined: Mon Oct 24, 2011 11:22 am

EU residency rights - working as an independent contractor

Post by keloid » Wed Jan 25, 2012 12:42 pm

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?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Jan 25, 2012 10:23 pm

Smooth seas do not make skilful sailors

keloid
Junior Member
Posts: 71
Joined: Mon Oct 24, 2011 11:22 am

Post by keloid » Wed Jan 25, 2012 10:46 pm

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.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Jan 26, 2012 10:06 am

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]
Smooth seas do not make skilful sailors

keloid
Junior Member
Posts: 71
Joined: Mon Oct 24, 2011 11:22 am

Post by keloid » Thu Jan 26, 2012 1:09 pm

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.

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