EEA2 and working in the EU

[gabb]

Hi,

I am an IT consultant.
I have EEA2.
I own a company (registered in UK) which employees 4 other consultants including myself.

Because of the nature of my job I sometimes need to travel within EU for business (from 3 to 6 months each year).
Do I need a visa from european countires for travelling for business in the EU?
How is my being out of the UK going to effect my EEA2 status at the end of 5 years when I will apply for ILR?
Where can I get more details about this kind of situation where EEA2 holders are out of the UK for business purposes?

Thanks a lot in advance.

Cheers!

[Wanderer]

I think u do unless you are travelling with ur spouse and even then it's better to get the visa to avoid hassle from beginning to end.

You don't apply for ILR if on EU immigration route - that's for those on the UK immigration route.

[gabb]

You don't apply for ILR if on EU immigration route - that's for those on the UK immigration route.

Thanks a lot for your reply Wanderer.

So, what will happen next. Seems like I dont know much about EEA2. I got married in June 2006. Got my EEA2 in April 2007.

Whats the next stage? EEA4!!! When will I become a citizen?

Thank you.

[86ti]

The requirements for PR are listed here.

[sakura]

Hi,

I am an IT consultant.
I have EEA2.
I own a company (registered in UK) which employees 4 other consultants including myself.

Because of the nature of my job I sometimes need to travel within EU for business (from 3 to 6 months each year).
Do I need a visa from european countires for travelling for business in the EU?
How is my being out of the UK going to effect my EEA2 status at the end of 5 years when I will apply for ILR?
Where can I get more details about this kind of situation where EEA2 holders are out of the UK for business purposes?

Thanks a lot in advance.

Cheers!

I think you will need a business visa if you wish to travel for work purposes. You usually can only avail of a visa if travelling with your spouse.

As for your ILR - actually, under the European route you obtain Permanent Residency, which is equivalent to ILR - you obtain that after five years of being a family member of an EU citizen. I don't know whether your 'clock' started in June 2006 or April 2007 (why the long gap in-between?), I'll let others explain.

For naturalisation, you need a total of 5 years + 12 months on PR. You do, however, need to be careful about your absences - too many absences from the country might lead to a refusal. However, there will be new immigration rules in place before you qualify for naturalisation, and the timescale might well increase.

[gabb]

Non-EEA nationals will be issued with an endorsement that is placed in the holder's passport. This endorsement is valid for 10 years.

I have already been to this page. But I couldnt find anything which says about what happens after the PR. Can I apply for British Citizenship after one or two years of getting PR.

Thank you.

[gabb]

I think you will need a business visa if you wish to travel for work purposes. You usually can only avail of a visa if travelling with your spouse.

As for your ILR - actually, under the European route you obtain Permanent Residency, which is equivalent to ILR - you obtain that after five years of being a family member of an EU citizen. I don't know whether your 'clock' started in June 2006 or April 2007 (why the long gap in-between?), I'll let others explain.

For naturalisation, you need a total of 5 years + 12 months on PR. You do, however, need to be careful about your absences - too many absences from the country might lead to a refusal. However, there will be new immigration rules in place before you qualify for naturalisation, and the timescale might well increase.

Thanks sakura.

It explains a lot.

New immigration rules

Why it took longer: Home Office took more than 8 months to give me EEA2.

The economy is not doing very well here and UK is badly hit. Worst than many other EU countries. I need contracts and there arent many contracts around. I have dropped my rate by 50% and still no luck. Thats why I was thinking about going to other countries (although I still be paying tax here in UK) for contracts.

[Wanderer]

Non-EEA nationals will be issued with an endorsement that is placed in the holder's passport. This endorsement is valid for 10 years.

I have already been to this page. But I couldnt find anything which says about what happens after the PR. Can I apply for British Citizenship after one or two years of getting PR.

Thank you.

I think it's immediate if married to a BC (who might have returned to UK per Singh ruling) - but I imagine ur spouse is not British or Irish too actually.

[sakura]

I think you will need a business visa if you wish to travel for work purposes. You usually can only avail of a visa if travelling with your spouse.

As for your ILR - actually, under the European route you obtain Permanent Residency, which is equivalent to ILR - you obtain that after five years of being a family member of an EU citizen. I don't know whether your 'clock' started in June 2006 or April 2007 (why the long gap in-between?), I'll let others explain.

For naturalisation, you need a total of 5 years + 12 months on PR. You do, however, need to be careful about your absences - too many absences from the country might lead to a refusal. However, there will be new immigration rules in place before you qualify for naturalisation, and the timescale might well increase.

Thanks sakura.

It explains a lot.

New immigration rules

Why it took longer: Home Office took more than 8 months to give me EEA2.

The economy is not doing very well here and UK is badly hit. Worst than many other EU countries. I need contracts and there arent many contracts around. I have dropped my rate by 50% and still no luck. Thats why I was thinking about going to other countries (although I still be paying tax here in UK) for contracts.

At the moment, unfortunately, if you are going alone, you need to apply for a visa like everyone else.

By the way, in another thread you wrote your wife is a BC (please try to provide the same information in the same thread, otherwise people might misinform you!); why/how did you apply for the EEA route? Well, now that we know she is a BC, once you obtain PR (or, if you decide to switch to the FLR(M) route, ILR), you can apply immediately for naturalisation - if this rule still exist!

[Magarhe]

Are people saying that, if you have EEA2, and you want to go to another EU country and work, you have to apply for a visa?

What if you are a European citizen, or a Brit, do you need a visa to conduct business in another EU country? I thought there was freedom of movement? Are they distinguishing between freedom to go and reside/be employee, and whether or not conducting business?

[Ben]

Are people saying that, if you have EEA2, and you want to go to another EU country and work, you have to apply for a visa?

If you are the non-EEA family member of an EEA national who is exercising EU Treaty rights in the UK, and you have a UK Residence Card issued following an application on form EEA2, and you want to move to another Member State to work (without your EEA national family member) - yes, you need a visa/work permit in line with the national legislation of the Member State you intend to work in.

What if you are a European citizen, or a Brit, do you need a visa to conduct business in another EU country?

No, just your passport / National ID card (if applicable).

I thought there was freedom of movement? Are they distinguishing between freedom to go and reside/be employee, and whether or not conducting business?

There is no such distinction.

[Magarhe]

If you are the non-EEA family member of an EEA national who is exercising EU Treaty rights in the UK, and you have a UK Residence Card issued following an application on form EEA2, and you want to move to another Member State to work (without your EEA national family member) - yes, you need a visa/work permit in line with the national legislation of the Member State you intend to work in.

Aha that makes sense (to a degree). Obviously I wouldn't be relocating in another EU country without my wife.

Is this true also of very temporary work, for example if working for a UK company in London, but occassionally that company sends you to an EU country, say for a day or two, perhaps for a meeting, does that cause problems for a non-EEA family member??? That sounds like the kind of situation that would be open to interpretation.

[Magarhe]

If you are the non-EEA family member of an EEA national who is exercising EU Treaty rights in the UK, and you have a UK Residence Card issued following an application on form EEA2, and you want to move to another Member State to work (without your EEA national family member) - yes, you need a visa/work permit in line with the national legislation of the Member State you intend to work in.

Aha that makes sense (to a degree). Obviously I wouldn't be relocating in another EU country without my wife.

Is this true also of very temporary work, for example if working for a UK company in London, but occassionally that company sends you to an EU country, say for a day or two, perhaps for a meeting, does that cause problems for a non-EEA family member??? That sounds like the kind of situation that would be open to interpretation.

[republique]

If you are the non-EEA family member of an EEA national who is exercising EU Treaty rights in the UK, and you have a UK Residence Card issued following an application on form EEA2, and you want to move to another Member State to work (without your EEA national family member) - yes, you need a visa/work permit in line with the national legislation of the Member State you intend to work in.

Aha that makes sense (to a degree). Obviously I wouldn't be relocating in another EU country without my wife.

Is this true also of very temporary work, for example if working for a UK company in London, but occassionally that company sends you to an EU country, say for a day or two, perhaps for a meeting, does that cause problems for a non-EEA family member??? That sounds like the kind of situation that would be open to interpretation.

No it wouldn't because, you would be still employed by the UK company and the bulk of your work is in the UK. A meeting, a conference in another country on company's business isn't significant enough to require a work permit.
If however, it is the type of work that requires more frequent trips and longer stays, then normally one gets a business visa through their company which would cover you work to be out of the country for 3-6 months period of time.
You also own and run your own UK company, technically there is another visa called Van der Elst which very few EU countries recognize which you might be able to avail yourself but it is very unlikely. Suggest you do a search for it and read about.

[Magarhe]

If you are the non-EEA family member of an EEA national who is exercising EU Treaty rights in the UK, and you have a UK Residence Card issued following an application on form EEA2, and you want to move to another Member State to work (without your EEA national family member) - yes, you need a visa/work permit in line with the national legislation of the Member State you intend to work in.

Aha that makes sense (to a degree). Obviously I wouldn't be relocating in another EU country without my wife.

Is this true also of very temporary work, for example if working for a UK company in London, but occassionally that company sends you to an EU country, say for a day or two, perhaps for a meeting, does that cause problems for a non-EEA family member??? That sounds like the kind of situation that would be open to interpretation.

[Magarhe]

If you are the non-EEA family member of an EEA national who is exercising EU Treaty rights in the UK, and you have a UK Residence Card issued following an application on form EEA2, and you want to move to another Member State to work (without your EEA national family member) - yes, you need a visa/work permit in line with the national legislation of the Member State you intend to work in.

Aha that makes sense (to a degree). Obviously I wouldn't be relocating in another EU country without my wife.

Is this true also of very temporary work, for example if working for a UK company in London, but occassionally that company sends you to an EU country, say for a day or two, perhaps for a meeting, does that cause problems for a non-EEA family member??? That sounds like the kind of situation that would be open to interpretation.