Probably been covered before but . . . I have lived in Manche most of the time since 2016, returning occasionally to UK to sort out family issues. I am retired and have the carte vitale but no carte de sejour as I have always seen myself as an EU citizen. Now things have changed, I’m sure I can obtain a carte de sejour but not sure about my partner.
She has been living with me in Manche since last July. She presently works as a consultant, virtually, for NHS on a contract. When that contract ends she wishes to work through an agency doing the same or similar work, again virtually, obviously with the odd visit to UK when required.
The issue is, how does she stand for tax, residency etc. I appreciate all will probably change in the very near future, but it would be beneficial to know how others in a similar predicament have fared.
If your plans are to set up life together in France then there are several things she will have to do before December to be sure she is living here legally before the cut off date. At present if she is not registered for taxes and social charges here, and didn’t submit a tax return this year, then she is not here legally.
Look at this thread, and particularly the URSAFF guide. Her agency will have to do some admin, which sounds more complex that it probably is. But will be necessary to get legal status.
When you say virtually do you mean online? In general terms anyone who is physically in France is considered to be working in France even if that work is online for foreign clients. There are financial considerations for both the individual and the employer.
The key question - is the agency “getting” the work and employing/subbing the work out … or is it an “agency” that takes a cut to avoid all the IR35 stuff?
If the latter - then its simply finding out if her present agency can deal with a French “employee” or whether she needs a new French agency (or a new agency that can deal with French payroll).
If the agency gets the work … then obviously its about them working out how to pay someone working in France… or a lot of shuttling back and forth to work in the UK which this year isn’t exactly an option.
I assume the agency “thinks” she’s still in the UK
IR35, the bane of contractors’ lives.
The government can’t work without contractors because the pay as a civil servant is too low and they need the input of people with more knowledge, nous and common sense.
Which I find a lazy trope, especially as an ex-civil servant who was frequently parachuted in to clear up messes made by contractors. Some of which were horrific.
Grenfell Tower also springs to mind as developers paid for private companies to carry out building inspections - which were previously done by the public sector.
There are good and bad in public and private sectors.
Independent contractors who were looking to do a good job forced to work under the auspices of Agencies just put up the cost of contractors and they were often looking to extend the work beyond its real lifetime.
Honest independent contractors and Government, including the taxpayer, suffered due to IR 35.
then nothing much should IMO change.