Can an EU citizen register in multiple eu countries at once?

[kilode_na]

I am an eu citizen and living in czech republic at the moment. I have my residence here. I have not been able to secure a reasonable job here and I am moved to another eu country to look for work.
I had a job offer in austria and have already taken it but
my spouse is a third country national and going through the process of applying for his residence card for family member of eu citizen in czech republic (Brno) at the moment. This had been taking a while. I travel back and forth between vienna and Brno almost every 8 days.
Is this arrangement legal? Can this arrangement affect his ongoing residence application? We are bothered as his application is taking longer than necessary. We decided he should stay and get a decision on his application as he was at the final stage. Besides, he is studying and a move to another country would disrupt his studies. I decided to get the job as we were getting seriously low on funds as he wasn't allowed to work pending his application and we had nearly spent all our savings.
Any and all advice would be greatly appreciated.

[86ti]

Austria considers a person resident if present for 6+ months per year. You, however, may actually be a cross border worker because of your regular returns to your "habitual" place of residence. The Czech may have a different view.

[eldane]

Frontier workers

A frontier worker is someone who is employed in a Member State but resides in another, where he/she returns at least once a week.

As a general rule, they enjoy all the benefits granted to migrant workers in the Member State of employment. However, they often face specific problems, because of residence conditions, in particular as regards social advantages. The European Court of Justice has held that no residence requirement may be imposed.

The right of equal treatment also applies to questions of income tax.

You can find more detailed information in the Communication from the Commission: "Free movement of workers - achieving the full benefits and potential" (COM(2002)694), http://www.eurofound.europa.eu/areas/in ... orkers.htm and http://www.europarl.europa.eu/workingpa ... ary_en.htm

[Rolfus]

This thread may interest you http://www.immigrationboards.com/viewtopic.php?t=69412 . It is certainly possible to be resident in more than one country.

[ST701]

I have a question about frontier workers. Can an EU person be employed at the country of their origin but choose to reside in another member state as either as a frontier worker or self sufficient as long as they come there once a week?

[86ti]

I have a question about frontier workers. Can an EU person be employed at the country of their origin but choose to reside in another member state as either as a frontier worker or self sufficient as long as they come there once a week?

Should be possible, I think, why not?. What you would have to figure out is how the country of residence sees "self-sufficiency" (not sure if that actually makes sense for a frontier-worker). You would most likely be paying towards health insurance in the country of origin. If the health insurance doesn't cover you at the place of residence you may want to find a way to get that money.

[ST701]

86ti I must say I have always noticed that you have been very prompt in helping people on this forum and I really appreciate that.

When you say

Should be possible, I think, why not?. What you would have to figure out is how the country of residence sees "self-sufficiency" (not sure if that actually makes sense for a frontier-worker).

Do you mean sufficient means of existence alongside a valid insurance? Can the income coming from the job in home country be classified as sufficient means of existence?

[86ti]

Do you mean sufficient means of existence alongside a valid insurance? Can the income coming from the job in home country be classified as sufficient means of existence?

The Directive allows member states to explicitly ask self-sufficient persons to present comprehensive sickness insurance. But it is somewhat odd to classify a person as self-sufficient just because their income derives from work in another member state. To be honest, I can't really answer the question but look for example here and at similar webpages from the EU (just search the web for 'eu frontier worker' and similar terms).

I think that what you suggest is nothing unusual and there are probably many who do exactly that.

[Obie]

I beleive you should have a word with the Czech authorities, because according to their national legislation cited in this Compliance report, they are supposed to take 60 days to process a residence card, or Residence Permit, which they wrongly call it. It pracitce it usually takes about 3 days. Therefore any period over this should be reported to the relevant authorities, as it is not in accordance with their law.

In regards to your question on working in another memberstate, i believe you will need to reduce the 8 days to 7 days, as under the frontier workers rules, you are expect to return to the country of residence at least once a week or every day, in order to qualify. However you could get a sickeness insurance and claim self sufficiency, which might come with less strigent rules.

[ST701]

However you could get a sickeness insurance and claim self sufficiency, which might come with less strigent rules.

What less stringent rules? Is there any specific condition to the EU member to be in the member state for certain amount of day in a month/year while being a resident but working in another(own) member state?