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Using employment as a baseline, normally if you can evidence that employment is genuine and effective it counts as exercising treaty rights. Case-law from the European Court has held as little as 10-12 hours per week as counting as genuine and effective, the UK look for employees to have been earning £156 (or thereabouts) per week for the work to be accepted as genuine and effective. I do not see why this criteria for genuine and effective employment should not be similarly applicable to self-employment in ROI.bluebell555 wrote:Thank-you for your reply, el patron.
The giving up of my British Citizenship (I've never had anything other than a British passport so haven't claimed the dual citizenship option in the past) is a last resort. I would really prefer not to have to go down that route unless all other options are exhausted, but if it was that or have to leave then I'd do it.
The suggestion to set up a business is a good one I hadn't really thought of! Do you know how successful it would have to be in order to be accepted? I mean, if I set up a website/ try to sell a service or product and no-one is interested, does that still mean I'm technically self-employed even if it has been really unsuccessful? And would that conflict with my husband's other work (the guaranteed wage from his previous employers here in the States which we would not want to give up as it would be a definite weekly income rather than a purely speculative wage from a self-employed enterprise)?
Hubby will be happy enough....I thinkel patron wrote:Using employment as a baseline, normally if you can evidence that employment is genuine and effective it counts as exercising treaty rights. Case-law from the European Court has held as little as 10-12 hours per week as counting as genuine and effective, the UK look for employees to have been earning £156 (or thereabouts) per week for the work to be accepted as genuine and effective. I do not see why this criteria for genuine and effective employment should not be similarly applicable to self-employment in ROI.bluebell555 wrote:Thank-you for your reply, el patron.
The giving up of my British Citizenship (I've never had anything other than a British passport so haven't claimed the dual citizenship option in the past) is a last resort. I would really prefer not to have to go down that route unless all other options are exhausted, but if it was that or have to leave then I'd do it.
The suggestion to set up a business is a good one I hadn't really thought of! Do you know how successful it would have to be in order to be accepted? I mean, if I set up a website/ try to sell a service or product and no-one is interested, does that still mean I'm technically self-employed even if it has been really unsuccessful? And would that conflict with my husband's other work (the guaranteed wage from his previous employers here in the States which we would not want to give up as it would be a definite weekly income rather than a purely speculative wage from a self-employed enterprise)?
I think it just depends if hubby is happy working for you and you getting all the accolades of success as the business owner as a result of his graft as a mere employee!