Working for one EU country and living in the other [closed]

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Within the EU, there is a free movement of people agreement which allows EU citizens to freely work/move/search for a job in any EU member state.

Looking into the details, I wonder which formal rules apply if an EU citizen was to be employed for a company based in one EU country for which they work remotely and move temporarily between other EU members every, say, 6 months?

I looked at some of the rules, but couldn't find anything that fits this situation:

  • the Schengen countries have 90 days rule for staying without registering, and I imagine one could work remotely during this time, but it's only for 90 days
  • one could try to register as a worker in the host country every 6 months, but that will likely be denied given that the company is not operating in the host country, doesn't pay taxes/social insurance there, etc.
  • there are cross-country commuter agreements, but they require you to travel between the countries every week (and not every 6 months)
  • one could ask the company to post them to the host country (using the A1 certificate), but this is appropriate where the worker moves to the other country on the request of the employer and not when travelling is at the whim of the employee
  • there is an option to start a company and agree with the employer to subcontract it, but this also requires change of the contract with the employer and also changes the tax/residence rules.

I know no one is basically doing this legally and everyone ignores the rules, but I am curious whether there is a way to work remotely as an employee legally within the EU.

I am asking only from the immigration perspective, I know tax-wise EU doesn't interfere and there are just 2-way Double Taxation Agreements.



Best Answer

From an immigration perspective, you could simply reside as an economically inactive person. Unless your salary is very low indeed, it should satisfy any income/ressource requirement, if you even need to register officially anywhere. The only thing that could be more complicated is health insurance but that too ought to be solvable with some money. Your presence is in any case fully legal and you do not need a permission to work.

Being considered a “worker“ is attractive because it exempts you from the income/ressource and health insurance requirements and protection from expulsion is very strong indeed. If your work is “genuine and effective” (even part-time), you qualify. If you have to register somewhere, the most you will ever need is a passport/ID, work contract and perhaps a proof of address (as required locally for citizens). You do not need to document savings, income or health insurance. Historically, this was the original scope of the EU (then EC) freedom of movement.

The “economically inactive“ category was added later to extend freedom of movement rights. However, you don't need any permission to work or engage in other economic activity. Economically inactive people are definitely allowed to do that. It's just a less permissive status that comes with additional requirements (namely having — minimal — ressources and health insurance), if you are not able to provide a work contract or anything else to prove you qualify as a worker.

None of this covers tax law or mandatory contributions to social security systems, which can get very complicated.




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Can you work in one EU country and live in another?

Introduction. If you are a citizen of the European Union (EU), you have the right to live and work in any other EU country. In general, you and your dependents cannot be refused permission to land in another EU country.

Can I live in two EU countries at the same time?

As an EU citizen, you have the right to move to any EU country to live, work, study, look for a job or retire. You can stay in another EU country for up to 3 months without registering there but you may need to report your presence. The only requirement is to hold a valid national identity card or passport.

Can I work remotely in EU?

The official website of the European Union is europa.eu. The COVID-19 pandemic has pushed companies to offer full-time remote work. This opened new opportunities for those who aspire to the digital nomad lifestyle. Several European countries are launching digital nomad visas to welcome foreign remote workers.

Can I live in the UK and work remotely for a EU company?

You can work remotely while living in the UK as an expat, but you most likely will need a work visa. However, citizens of commonwealth countries or British Overseas Territories don't require a visa to work remotely in the UK. Moreover, EU and EEA citizens can work from the UK for up to 6 months.




More answers regarding working for one EU country and living in the other [closed]

Answer 2

As several others have pointed out, there are almost no limitations on registering your residence in any EU country. As long as you can show you physically have a place to stay and means to support yourself, your registration can't be denied.

Either way, the key here is to get your employer on board. If your employer is not going to cooperate, there's nothing you can (legally) do. But in that case, I suspect that your employer would also take a dim view of you not showing up at the usual workplace for months or years.

There are several avenues that you and your employer can take to get the paperwork sorted out:

  • Get posted to wherever you wish. This only works if there's a plausible explanation of that (e.g. a customer or partner in the other country that you need to work with). Expect the relevant social insurance authorities processing your A1 to thoroughly scrutinise whether your posting isn't a fake one (trying to circumvent the labour law in the host country).
  • Amend your work agreement to say that the place of work is going to be in country X (Y, Z…). Your employer will have to register with the authorities in these countries and start withholding income tax and relevant national insurance contributions. There are many agencies that will sort all of that out for you. Just ask any major international accounting/tax network and they'll send you a quote in no time.
  • Go self-employed and replace your employment agreement with a sub-contracting one.

In all three cases, you'll need to apply for an A1, but that's a straightforward process that won't take you more than an afternoon. The authorities will then sort it out between themselves and tell you which country you belong to for the purposes of health and social insurance.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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