Freelance work abroad while waiting for residence permit

[Viuhkavalli]

Hello,

I am a Finnish citizen and my British partner is moving to Finland with me permanently soon, and we will apply for a residence permit based on family ties. My parner has clients in the UK and he is registered there as a sole trader. He can do all the work online and physically from Finland. Is this against the immigration rules that they could not work while waiting for the decision? Migri could not answer to this question. The tax authorities said they should pay tax to Finland for any work conducted in Finland physically, even if the clients are in the UK. Surely some other people have been in a similar situation given how much work there is now possible to do online?

Thanks, any experienced anyone has had would be very helpful.

[FinlandGirl]

I am a Finnish citizen and my British partner is moving to Finland with me permanently soon, and we will apply for a residence permit based on family ties. My parner has clients in the UK and he is registered there as a sole trader. He can do all the work online and physically from Finland. Is this against the immigration rules that they could not work while waiting for the decision? Migri could not answer to this question. The tax authorities said they should pay tax to Finland for any work conducted in Finland physically, even if the clients are in the UK.

Your partner is not allowed to work if residing in Finland while waiting for the residence permit.

He should apply for the residence permit right now, and continue residing in the UK until the residence permit is granted even if you move before his residence permit is granted.
He can visit you during that time, with the usual "not more than 90 days within any 180 day period" everything should be fine.

[betelgeuse]

Your partner is not allowed to work if residing in Finland while waiting for the residence permit.

He should apply for the residence permit right now, and continue residing in the UK until the residence permit is granted even if you move before his residence permit is granted.
He can visit you during that time, with the usual "not more than 90 days within any 180 day period" everything should be fine.

A residence permit is not necessarily the best route but even then it doesn't automatically mean there's no right to work.

https://migri.fi/en/work-without-residence-permit

I am a Finnish citizen and my British partner is moving to Finland with me permanently soon, and we will apply for a residence permit based on family ties. My parner has clients in the UK and he is registered there as a sole trader. He can do all the work online and physically from Finland. Is this against the immigration rules that they could not work while waiting for the decision?

Do you satisfy the requirements under point 4?

https://migri.fi/en/residence-card-for-family-members

If so, he can work immediately on arrival.

[FinlandGirl]

Your partner is not allowed to work if residing in Finland while waiting for the residence permit.

He should apply for the residence permit right now, and continue residing in the UK until the residence permit is granted even if you move before his residence permit is granted.
He can visit you during that time, with the usual "not more than 90 days within any 180 day period" everything should be fine.

A residence permit is not necessarily the best route but even then it doesn't automatically mean there's no right to work.

https://migri.fi/en/work-without-residence-permit

This is completely irrelevant here.

[betelgeuse]

A residence permit is not necessarily the best route but even then it doesn't automatically mean there's no right to work.

https://migri.fi/en/work-without-residence-permit

This is completely irrelevant here.

Yet I have been involved in cases that have used this ”completely irrelevant” information to work while the residence permit has been processed and this has been ok with Migri.

He can visit you during that time, with the usual "not more than 90 days within any 180 day period" everything should be fine.

The 90 day rule does not apply with a pending application.

[FinlandGirl]

He can visit you during that time, with the usual "not more than 90 days within any 180 day period" everything should be fine.

The 90 day rule does not apply with a pending application.

If he is a resident in Finland, he does not have the right to work.
If he is a resident in Finland with a business in the UK, both HMRC and Vero are relevant for taxation.

A residence permit is not necessarily the best route but even then it doesn't automatically mean there's no right to work.

https://migri.fi/en/work-without-residence-permit

This is completely irrelevant here.

Yet I have been involved in cases that have used this ”completely irrelevant” information to work while the residence permit has been processed and this has been ok with Migri.

How many of these cases involved opening an own business in Finland?

[betelgeuse]

He can visit you during that time, with the usual "not more than 90 days within any 180 day period" everything should be fine.

The 90 day rule does not apply with a pending application.

If he is a resident in Finland, he does not have the right to work.
If he is a resident in Finland with a business in the UK, both HMRC and Vero are relevant for taxation.

Given that the aliens act is quite silent on the matter and we have this law that governs the right to be a sole trader, it would seem that a municipality of residence is enough.

"1) luonnollinen henkilö, jolla on asuinpaikka Euroopan talousalueella;"

https://www.finlex.fi/fi/laki/ajantasa/1919/19190122

Family members of Finnish citizens will be able to get a municipality of residence due to the relationship and don't require a residence permit to be approved.

This is completely irrelevant here.

Yet I have been involved in cases that have used this ”completely irrelevant” information to work while the residence permit has been processed and this has been ok with Migri.

How many of these cases involved opening an own business in Finland?

When one has the right to work for employment, one can make use of it though various invoicing services. Usually with sole trader the clients don't really care that much which counter party invoices.

[FinlandGirl]

The 90 day rule does not apply with a pending application.

If he is a resident in Finland, he does not have the right to work.
If he is a resident in Finland with a business in the UK, both HMRC and Vero are relevant for taxation.

Given that the aliens act is quite silent on the matter and we have this law that governs the right to be a sole trader, it would seem that a municipality of residence is enough.

PRH requires a permanent municipality of residence.

And even if registered, there would still be no right to work in this business.

[betelgeuse]

If he is a resident in Finland, he does not have the right to work.
If he is a resident in Finland with a business in the UK, both HMRC and Vero are relevant for taxation.

Given that the aliens act is quite silent on the matter and we have this law that governs the right to be a sole trader, it would seem that a municipality of residence is enough.

PRH requires a permanent municipality of residence.

A municipality of residence is always permanent. There is no such distinction that you are trying to make.

And even if registered, there would still be no right to work in this business.

I would encourage you to check these definitions in the Aliens Act:

"right to work means an alien's right under this Act to gainful employment in Finland or on board a Finnish vessel under a residence permit, the right of residence under chapter 10, a visa or a visa-free regime, or on some other grounds provided in this Act; (1218/2013)"

"8) gainful employment means working against payment in a contractualor public service employment relationship or in another employment relationship;"

[FinlandGirl]

Given that the aliens act is quite silent on the matter and we have this law that governs the right to be a sole trader, it would seem that a municipality of residence is enough.

PRH requires a permanent municipality of residence.

A municipality of residence is always permanent. There is no such distinction that you are trying to make.

You don't have a municipality of residence when your registration is temporary.

And even if registered, there would still be no right to work in this business.

I would encourage you to check these definitions in the Aliens Act:

"right to work means an alien's right under this Act to gainful employment in Finland or on board a Finnish vessel under a residence permit, the right of residence under chapter 10, a visa or a visa-free regime, or on some other grounds provided in this Act; (1218/2013)"

"8) gainful employment means working against payment in a contractualor public service employment relationship or in another employment relationship;"

Where does the Aliens Act give the right to operate a business before a residence permit has been granted?

[betelgeuse]

Where does the Aliens Act give the right to operate a business before a residence permit has been granted?

As I said earlier it doesn't.

Given that the aliens act is quite silent on the matter and we have this law that governs the right to be a sole trader, it would seem that a municipality of residence is enough.

However, I did some googling and found that Helsinki Court of Appeal (hovioikeus) had looked at this dynamic and found the following:

"Elinkeinolain 1 §:n 1 momentin merkitys ilmeneekin siinä, että A:lla on ollut oikeus perustaa yritys ja saada se merkityksi kaupparekisteriin. Hänellä on ollut myös oikeus harjoittaa elinkeinoa Suomessa, kun hän on saanut siihen ulkomaalaislain perusteella luvan, tai muualta käsin käyttäen apunaan Suomessa oleskelevaa Suomen kansalaista tai ulkomaalaista, jolla on oleskeluoikeus Suomessa."

I assume the person in question didn't have a municipality of residence but given this info I would take my earlier comment with a grain of salt.

https://oikeus.fi/hovioikeudet/helsingi ... 02018.html