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tebee wrote:My non-eu wife has a 5 year article 10 residence card as family of EU citizen for France. Unfortunately her profession is regulated here and her qualifications not recognized, so although she has the right to work, she is effectively limited to unskilled jobs .
However there are other EU countries she could work professionally in and although we have decided it would be impractical to move permanently, she has been talking to an agency about the possibility of doing short term ( circa 3 months) contracts there.
If these counties are in the Schengen area, would she need a local RC/visa there or can she use her existing one ? I could quite happily accompany her as my work in internet based, so I can be a digital nomad and would be quite happy to see more of europe.
If she does need to get a local RC/visa for where she is working, can she still retain her French one ? - she is not far off obtaining permanent residency here. We would be returning to the French base between contracts.
The agency seem totally confused about our situation, but I guess it may not be a common one.
Her rights to work under EU law depend on you (her EU spouse) exercising treaty rights in THAT country, as you are doing in France.tebee wrote:No the agency is in Poland, though Chinese run!
Now I thought she did have the absolute right to work anywhere within the EU as the Spouse of an EU citizen exercising treaty rights? Certainly on both visits to the UK so far we have got a stamp that allows her to work for up to 6 months.
The OP said they don't want to move permanently but only spend 3 months at a time in Poland.liksah wrote:She would most likely need to get a RC to work in Poland. (this should be really easy though because you can easily prove you are exercising treaty rights there.., it may take a few months to acquire though)
I don't think you can juggle the two situations though because I would imagine her French residence duration would get terminated if you officially 'moved' to Poland. If she's almost got permanent residence in France (and this is something she wants..) then you should probably suck it up for a little longer.
You could 'visit' for 90/180 days but without an RC it's unlikely that any formal employer will take her on even though technically she has the right to work if you're exercising treaty rights. It seems like a catch-22 kind of situation on that front. Has right to work. Needs RC. Can get RC. But French residency counter stops/resets.
Which which is saying she does have the right to work - but, of course it may be hard to get employers to accept without the right paperwork.Equal treatment
During their stay in your new country, your spouse, (grand)children and (grand)parents should be treated as nationals of the country, notably as regards access to employment, pay, benefits facilitating access to work, enrolment in schools, etc.
Surinder Singh only applies when returning to your country of citizenship after you exercised treaty rights in another EU country.tebee wrote:My spouses right to reside with me is NOT dependent on my exercising treaty rights in that country, rather it depends on the fact that I have exercised treaty rights in a previous country.
Surinder Singh, for instance, depends on me exercising treaty rights in another EU country, not in the UK on my return.
In http://europa.eu/youreurope/citizens/re ... dex_en.htm
it statesWhich which is saying she does have the right to work - but, of course it may be hard to get employers to accept without the right paperwork.Equal treatment
During their stay in your new country, your spouse, (grand)children and (grand)parents should be treated as nationals of the country, notably as regards access to employment, pay, benefits facilitating access to work, enrolment in schools, etc.
Although the Agency is in Poland the work is holiday, sickness and maternity replacement and could potentially be in any EU country , through Holland, Germany and Switzerland are the most likely.
Can a person holding a family member of an EU citizen residence card:In your particular case - your wife can go work in different EU countries up to 3 months, and then return home, whether you accompany her or not.