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Exersicing Economic Treaty Rights work or self supporting ?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Graham Weifang
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Exersicing Economic Treaty Rights work or self supporting ?

Post by Graham Weifang » Mon Oct 14, 2013 6:28 pm

OK, so when the time is right, folk on here decide to move out of UK, and to gain employment in another EU member state.
They then live and work in this "new" member state with their non-EEU spouse.

Now, my question is,

1/ If you have savings in UK, which can be drawn upon from your "new" member state, do you need to work or be self-employed in that member state to be exercising Economic Treaty Rights?

Lets say for example, you provide UK bank statements with say £500,000.00,

Could one simply live in that "new" member state for say 4 months or more, and then the non-EEU spouse apply for an EEU -Family permit, on the grounds of self supporting, or self sufficiency ?

GW.

Graham Weifang
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Post by Graham Weifang » Wed Oct 16, 2013 1:22 pm

Any interest any one?

Lucapooka
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Post by Lucapooka » Wed Oct 16, 2013 1:28 pm

Yes, you can be self-sufficient on 500K savings but if this question is with regard to Singh, I think you have missed the point. To benefit from the Surindar Singh route you would have to be exercising economic treaty rights such as employment or self-employment (duly registered).

Graham Weifang
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Post by Graham Weifang » Wed Oct 16, 2013 1:37 pm

Thank you Luca,

I see the point of Surinder Singh, being " a worker or Self employed"

So to "self sufficient"
So if £500k is enough for self sufficiency, who determines the requirement?

For example, would £20,000 also be OK, who knows?

GW

Lucapooka
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Post by Lucapooka » Wed Oct 16, 2013 1:47 pm

There is no tangible sum and nor is one demanded. You simply need to be live off your own means with recourse to public funds.

Graham Weifang
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Post by Graham Weifang » Wed Oct 16, 2013 1:52 pm

Thank you Luca,

So providing one has substantial savings, then Surinder Singh is not the only option?

I guess that the same 3 month period would apply, as per the general consensus on Surinder Singh applications ?

Lucapooka
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Post by Lucapooka » Wed Oct 16, 2013 1:59 pm

Graham Weifang wrote:Thank you Luca,

So providing one has substantial savings, then Surinder Singh is not the only option?

I guess that the same 3 month period would apply, as per the general consensus on Surinder Singh applications ?
I really don't understand the question. Singh is the only option for UK citizens to circumvent the UK immigration rules when attempting to settle their partner in the UK. Self-sufficiency is for any EU citizen who wants to live in another EU state without the need to work or study. As stated previously, a British guy who is self-sufficient in another EU state can't return to the UK with a partner using Singh because he would not have been exercising economic treaty rights in another EU state.

Graham Weifang
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Post by Graham Weifang » Wed Oct 16, 2013 2:16 pm

Thanks Luca,

I had some misunderstandings.

jake the peg
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Post by jake the peg » Wed Oct 16, 2013 11:11 pm

From my understandings there is a workaround...

The person with the £20,000 savings could form a UK company and invest the savings into it. The same person then registers as self employed in the new member state...

The UK company then hires the self employed worker as an overseas contractor, therefore providing a salary for however long it takes to exercise treaty rights.

The only drawback to this would be paying income taxes on savings which you are paying to yourself.

Lucapooka
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Post by Lucapooka » Wed Oct 16, 2013 11:15 pm

That is not a workaround; that is actual self-employment. All the person would need to do in addition to that is register with the local tax authorities to confirm his status.

jake the peg
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Post by jake the peg » Wed Oct 16, 2013 11:30 pm

Yes, it is self employment...

but I would regard it as a workaround in the sense that someone could do it with their own savings and without any of the difficulties of seeking paid employment, or trying to create a profitable business of their own.

Lucapooka
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Post by Lucapooka » Wed Oct 16, 2013 11:32 pm

Yes, but it will be (needs to be to qualify) taxed as income in the host country. Perhaps a small but necessary price to pay!

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