TereB

Hello Everybody
I am a UK citizen (all my life) but I have spent the last 3 years in Shengen countries in Europe.
When I spoke to my local Italian officials, they said ..don't worry about it! erm....I am still a bit nervous about this as time has gone on! Is it a laid back attitude? I don't want to be an illegal immigrant!

What is the situation for a UK citizen who wants to stay and work in other EU (and shengen) countries?
Do they need to apply for residency or does it just happen?
I am a bit confused due to the fact that the UK is not part of shengen. Does this make a difference?
Mah!!
Any help is very much appreciated to calm me nerves

Also does anyone know how all this effects my rights in Britain?

I know it's a wide topic and I thank you in advance for your help on any parts of the topic.

Teresa

BritInParis

Hello Teresa and welcome to BE.

Don't confuse EEA Freedom of Movement with the Schengen Agreement. They are two different agreements and operate in different ways. A citizen of an EEA country has the right to visit, live and work in any other EEA country without a visa. The Schengen Agreement abolished passport and other border controls between the countries of the Schengen Area.

The UK, for instance, is part of the EEA but not the Schengen Area. This means other EEA nationals have the right to move to the UK to live and work but the UK still performs passport checks on everyone entering the country regardless of their country of departure.

Although you don't need to apply for a visa before you move you may need to register with the local authorities once you start living and working depending on which country you living in.

The upside of living in an EEA country vis-a-vis the UK is that you can bring a non-EEA spouse back to the UK under EEA Freedom of Movement rules without them having to obtain a spouse visa which is normally the case and therefore bypass both the financial requirements now in force and avoid paying thousands of pounds in visa fees over a five year period. This is known as the 'Surinder Singh route'.

The downside is that you will need to pass a Habitual Residence Test in the UK before you can claim any benefits on your return. You are also unlikely to be paying National Insurance contributions whilst you're away which could affect your state pension. However you can usually pay extra to make up for any missing qualifying years on your return.

If you haven't already then you may to wish to file a P85 with HMRC. This lets them know you have left the country and can often result in a tax refund.

TereB

Hi BritInParis
Thank you for your really helpful reply.
I was confused.
I guess it's just a matter of getting the right paper work for the country that you are in to make sure you are working legally but a UK citizen can't be refused the right to work/stay in Italy.

Thank you for your help
Teresa

BritInParis

If you are planning to stay in Italy for more than three months then you do need to register with the local authorities. The posters in the Italy subforum will have more specific information on this.

TereB

Ooh..thanks again
It's great to be able to get good advise from people. I'll check out the Italy subforum. BritInParis...thanks for taking the time.
Teresa