Working Rights for holder of EU Long Term Residence Permit

[mgb]

If you are a so called frontier worker you are handled as a self-sufficient person in the residence country. That means income or funds at the bank above the threshhold for social wellfare and health insurance.
If there is a agreement in place for frontier workers and health insurance between Italy and Switzerland you have to check by yourself.
A other option would be a residence in Switzerland. There is a similar agreement like the eu directive in place between Switzerland and the EU.
What will happen to british frontier workers after the brexit nobody know as of yet.

[MyMyMyanmar]

I guess a ‘frontier worker’ is someone who commutes daily or weekly across the border. I know lots of Italians do this.

My case is rather different as I’d be away (on a river-cruise ship, crossing many countries) for 8-10 weeks before returning ‘home’ for 3. I say ‘home’ because I plan to return to where I previously lived for the 10 years before moving here to Myanmar. Therefore moving to Switzerland is not my preferred choice (no offence to any Swiss readers!)

So I guess I need to know if I can anyway be considered as a ‘self-sufficient’ person under these circumstances? I will have comprehensive health insurance and a reasonable salary. Perhaps I need an Italian Immigration Lawyer?

“Life is only as complicated as you make it”

[mgb]

I think a crusing ship cannot be a residence in the sense of eu law.
You have to be a frontier worker and come home from time to time to your residence on solid ground.

[MyMyMyanmar]

Yes, I agree that the ship cannot be a place of residence so the question is where can be considered to be in my case.
I haven’t been ‘ordinarily resident’ in the UK for something like 20 years while I worked in Italy for two English companies (1 in summer, 1 in winter).
As I plan to pack up and leave Myanmar, I can no longer be considered resident here either.
Maybe I need an Italian Immigration Lawyer??

[mgb]

I think if you have no other residence only your residence in Italy can be your centre of live and primary residence.
If a italian citizen would be in the same situaton I don't think his residence in Italy would be in doubt. A eu citizen cannot be handled in a other way.
Btw. you should check the rules for frontier workers in Switzerland. Maybe you have to register somewhere before you are allowed to start working.

[MyMyMyanmar]

Once again I must thank you for your time and help. The fact that I should not be treated differently to an Italian citizen is a very good one. Is that principle written into EU law somewhere? Obviously not in direct relation to my circumstances but in general?

I will need to ask the HR Dept of my potential new employer for some clarification about the status of their employees. I’m quite sure not many of them will be Swiss citizens so they must all have some difference between their place of employment (the Swiss contract) and place of residence.

Maybe the Italians have some employment laws relating to “off-shore” workers like merchant seamen, flight crews, oil rig workers etc? I guess my river-cruise ship might fall under that category.

Thanks again!

[mgb]

Is that principle written into EU law somewhere?

Article 18 of the Treaty on the Functioning of the European Union (TFEU).
Discrimination because of the nationality is not allowed.

Maybe the Italians have some employment laws relating to “off-shore” workers like merchant seamen, flight crews, oil rig workers etc? I guess my river-cruise ship might fall under that category.

The normal behavior is that changing targets like hotels or moving targets like campers or ships are not counting as residence.
Beside that your right of residence in Italy is two fold. Right of free movement and freedom to provide services in other EU countries.

[FaarzH]

Your wife would get a schengen visa with family member EU/EEA citizen or similar in the remark section.
Normally a border post issue such a visa for 15 days.
The problem is always to reach a border post. Nearly all airlines don't let boarding without a visa.
If she apply via a embassy mark other in field 21 of the schengen application form and write family member eu and apply for 90 days.

what if there is no option for others ???

options are available , what option should we select ? there is no OPTION FOR OTHERS.


. adoption
. board the ship
. commercial ( with invitation)
. commercial event trade fair
. confederence
. cultural artisitc
. family reunion LUX and eu national
.family visit
. humanitarian
. medical
. official politcial
. private inviation
. religious activity
. professioanl
. research
. return annex 35
. return cire/ci lost <3 months
. sporting
. tourism
. trainee
. transit
. visa for cohabition
. visa with a view to marriage

its belgium embassy

[MyMyMyanmar]

Hi mgb,

I see that seven months have passed since our last contact (not including FaarzH’s last interruption!). Anyway I have been in Europe for most of that time so I am once again legally resident in Italy and registered with the Anagrafe etc.

In two days I will return to Myanmar. My wife & I have an appointment at the Italian Embassy there on the 15th when we will apply for her entry visa. Am I correct in thinking that to do this successfully I need to demonstrate that:

A. I am an EU citizen and am exercising my right of free movement under Directive 2004/38/CE.
B. That my wife is my “family member”.
C. That I am already resident in Italy

The documents we will present to apply for the short term entry visa and answer these three points are as follows:

1. Schengen Visa Application - following your directions regarding ‘other’, 90 days and ‘family member EU’.
2. Original Wedding Certificate (in Burmese), notarial translation in English with certification by the Ministry of Foreign Affairs.
3. Official translation into Italian
4. My UK passport, Italian ID Card and copies of my home rental agreement, registration into Anagrafe, Tessera Sanitaria and Codice Fiscale.

Am I missing anything or even supplying too much info? Do I need, for example, to write an actual statement to say that my wife will come to live in Italy with me (as I believe you mentioned once)?

One further question - assuming all goes well and we get first the entry visa and then the EC Long Term Residence Permit (‘Permisso de Soggiorno’), what does this mean regarding her ability to work? I presume she will then be fully entitled to work in Italy but what about elsewhere in the EU? Can she do so like any other resident of Italy? To be very specific I want to know if she can join me on my river cruise ship.

Thanks...

[MyMyMyanmar]

Hi All,

Please can someone give me, or direct me to information on the working rights of an EU Long Term Residence Permit?

The exact situation is this:

I am an EU citizen living in another EU country and exercising my rights under Directive 2004/38/CE. My non-EU spouse is therefore eligible for the RP. It is clear that this gives full working rights within our country of residence but what happens if we wish to remain resident in this country but actually work in another (still inside the EU)? Do the other countries require a working visa for my spouse or does the RP give working rights like any other EU citizen?

Thanks...

[gokulatti]

I am an EU citizen living in another EU country and exercising my rights under Directive 2004/38/CE. My non-EU spouse is therefore eligible for the RP. It is clear that this gives full working rights within our country of residence but what happens if we wish to remain resident in this country but actually work in another (still inside the EU)? Do the other countries require a working visa for my spouse or does the RP give working rights like any other EU citizen?

your spouse RP issued (under directive 2004) by lets say Member A will only act as schengen visa to any other MS b,c,d.... therefore the general rules of 90 days within any 180 days will apply, spouse can go on business trips but cannot do paid work or work full time Unless you move to the new MS and she applies for a new RP in this new MS.