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Excercising Treaty Rights by working as an AuPair

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nox89
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Excercising Treaty Rights by working as an AuPair

Post by nox89 » Thu Dec 13, 2012 7:21 am

Hi everyone,
I'm a British citizen and my spouse is a non-eu citizen.I would like to bring him to the U.K through Surinder Singh route.
I was wondering if i could exercise treaty rights by working as an Aupair in another member state.
As aupairs recieve pocket money not salary and accomodation from a host family, they dont have to pay for tax contributions , so in this scenario can they be classified as Self-employed or Employed?
If so can i bring my non-eu spouse to europe and then back to U.K?
Any information will be appreciated.
Thanks.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Dec 13, 2012 7:31 am

The question of working is not laid out in stone. I suggest you read http://eumovement.wordpress.com/2011/12 ... -a-worker/

If you are working as an au pair, then I suspect you would be classed as working. But you need to to get documentary evidence of your work, such as pay slips, a contract which is explicit about accommodation being provided as part of the job.

But where will your husband stay? Probably not with you and the family...

Note that you can also work part time at McDonalds. And your husband can also work, as the spouse of an EU citizen.
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nox89
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Post by nox89 » Thu Dec 13, 2012 7:37 am

Getting a contract is not a problem , but pay-slips would be difficult as au-pairs get a pocket money not a specific salary.
Also au-pairs donot contribute towards Tax , so would that be okay when we are talking about excercising treaty rights?
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Dec 13, 2012 7:38 am

nox89 wrote:Getting a contract is not a problem , but pay-slips would be difficult as au-pairs get a pocket money not a specific salary.
Also au-pairs donot contribute towards Tax , so would that be okay when we are talking about excercising treaty rights?
Sorry, but none of this is fixed in stone. You can negotiate what makes sense with your employer.

Read through the link I sent
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nox89
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Post by nox89 » Thu Dec 13, 2012 8:33 am

Here is a link to a sample contract : http://www.aupair-world.net/inc/images/ ... nglish.pdf

would it be a problem if my husband doesn't live with me?
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Dec 13, 2012 8:43 am

The two of you and your employer might or might not find it a problem. But it should not be a legal problem.

Why do you want to be an au-pair, as opposed to doing traditional paid work?
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nox89
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Post by nox89 » Thu Dec 13, 2012 8:49 am

Is there any requirement to have lived/living together when applying for a Residence card and Family permit.
The reason i choose AUpair is because its relatively easy to find employment in this sector as opposed to others.
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fysicus
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Post by fysicus » Fri Dec 14, 2012 5:54 pm

There is not a strict legal requirement to live together, but if there are any doubts whether the marriage is genuine and not a marriage of convenience, then obviously you have a stronger case if you are living together.
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ltb86
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Post by ltb86 » Mon Dec 17, 2012 6:54 pm

Hi, i am pretty much in the same situation as you. Me and my partner plan to marry next year and then we want to move to another EEA member state. However, i don't speak any other languages, so i understand it will be extremely difficult moving anywhere where you cannot speak the language. Where were you thinking of moving to and why? We are planning to go to republic of Ireland, however not sure where, Dublin so expensive and not many jobs anywhere in ireland. Its going to be tough. :(
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Dec 17, 2012 9:23 pm

ltb86 wrote:Hi, i am pretty much in the same situation as you. Me and my partner plan to marry next year and then we want to move to another EEA member state. However, i don't speak any other languages, so i understand it will be extremely difficult moving anywhere where you cannot speak the language. Where were you thinking of moving to and why? We are planning to go to republic of Ireland, however not sure where, Dublin so expensive and not many jobs anywhere in ireland. Its going to be tough. :(
It is certainly easier if you speak the local language, but through the ages people have gone to new places and then learned the language. I am sure you have many skills, only one of which is working with words.
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nox89
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Post by nox89 » Tue Dec 18, 2012 9:55 am

ltb86 wrote:Hi, i am pretty much in the same situation as you. Me and my partner plan to marry next year and then we want to move to another EEA member state. However, i don't speak any other languages, so i understand it will be extremely difficult moving anywhere where you cannot speak the language. Where were you thinking of moving to and why? We are planning to go to republic of Ireland, however not sure where, Dublin so expensive and not many jobs anywhere in ireland. Its going to be tough. :(
The good thing about working as an aupair is that the language requirement is not compulsory.However families do expect you to have good knowledge of English.
The language course is arranged and paid by the host family. Accomodation is also included. But just for the aupair not the couple.
There are alot of job oppurtunites in this field specially in Germany,Sweden etc.
As for Ireland, i think you definately have an advantage because of the language, however its better if u have a job offer in hand before you move.
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