Intra-EU mobility- concept of residence

Assessing intra-EU mobility cases, the concept of residence, cannot be given an interpretation which permits its autonomous and uniform application. The fact that (e.g.) the right to reside under Directive 2004/38, the residence for social security purposes, and the tax residence are different concepts, is only the tip of the iceberg. The rather complex interoperability…

FEM EMEA Global Mobility Summit

Will have the pleasure to meet you on 9 November 13.30, at the FEM Global in London. Immigration Law Associates organises a roundtable on Intra-EU mobility-legal interoperability The subject in discussion is mobility in a wide sense ((i.e. employees who move for the purpose of work in a country other than that of which they…

Social security coordination-merely residence might determine prior subjection

In Walltopia’ AD (C‑451/17), the European Court of Justice, brings an expected interpretation of Article 14(1) Regulation 987/2009, and emphasize the overriding value of the concept of residence under Regulation 883/2004, in relation to the one of prior subjection pursuant to national legislations. Summary of the case in the main proceedings A Bulgarian national, was…

BELGIUM-Immigration Directives-state of play

Single Permit-The puzzle is completed On 19 October, the Council of Ministers approved a draft royal decree on the issuance of single permits. The draft amends certain provisions of the Royal Decree of 8 October 1981 and introduces new provisions, in the framework of the transposition of Directive 2011/98/EU. The draft also amends several annexes…

MINIMUM SALARY THRESHOLDS BELGIUM 2019

As of 1 January 2019, the following minimum salary thresholds will be applicable in Belgium: Minimum salary threshold for highly qualified workers : EUR 41.739 gross per annum. Minimum salary threshold for managerial positions: EUR 69.637 gross per annum. We disregard the EU Blue Card, to emphasize its genuine value in Belgium.

Social security-family benefits- ‘lex specialis derogat legi generali’

In his Opinion delivered on 4 October in Eugen Bogatu v Minister for Social Protection (C‑322/17), Advocate General Mengozzi, analyses the scope of the concept of ‘activity as an employed person’, in the sense of Articles 67 and 68 Regulation (EC) No 883/2004 on the coordination of social security systems (i.e. entitlement to family benefits…

Coordination of social security systems-Third-country nationals pursuing gainful employment-Concept of lawful residence

In his Opinion delivered on 27 September (Balandin and Others’ C-477/17), Advocate General Wahl proposes a first interpretation of the concept of “lawful residence” in the sense of Regulation 1231/2010. The case in the main proceedings The case concerns third-country nationals, who pursue gainful employment in the Netherlands, covered by short-stay Schengen visa (and by…

SINGLE PERMIT-Must to know for corporate international mobility managers

The new legislation transposing the Single Permit Directive and constitutes grounds for further implementation of the Intra-Corporate Transferees Directive, Seasonal Workers Directive and the Directive on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing. should be…

LUXEMBOURG -NEWS

The Law of 29/08/2008 and two Grand-Duchy Regulations amended. A brief insight: Authorisation of stay for salaried worker (Article 42 Law of 29/08/2008 as amended) a copy of the valid passport, in its entirety must be provided –a certified copy is not any more required. a copy of the diploma or professional qualifications certificates accompanied…

Posting of workers-a more restrictive “non-replacement condition”

In Alperind GmbH and Others (C-527/16) the European Court of Justice confirms (once again) the binding and retroactive effect of the Portable Document A1, adds to the debate in regard to the interpretation of the ruling in Altun and Others(C-359/16), and rules for a restrictive interpretation of the “non-replacement condition”. The case in the main…

Unregistered partners of returning EU citizens

In Secretary of State for the Home Department v Rozanne Banger(C-89/17)]. the European Court of Justice takes a step forward on the path to enhance unregistered partners’ entry and residence rights. The dispute in the main proceedings Ms Rozanne Banger is a South African national. Her partner Mr Philip Rado (UK national) and Ms Banger…

Double social security subjection -still an academic debate?

The recent ECJ’s ruling in European Commission v Belgium (C-356/15) should add to the academic debate on the judgment in Altun and Other (C-359/16). In Altun and Other, the ECJ underlined the principle of prohibition of fraud and abuse of right and ruled that in specific circumstances, a national court may, in the context of…