Important Information for self-employed persons going to European Economic Area countries

Please read the following information before completing the application form CA3837 (PDF 109K).

There are special rules for workers who go to another EEA country or Switzerland to work there for a maximum of 12 months (which may be extended by another 12 months). These rules are contained in Decision No 181 of the Administrative Commission of the European Communities on Social Security for Migrant Workers. (AC Decision No 181)

To satisfy these rules a self-employed worker must:

• have been self-employed in the UK before going to work in another EEA country or Switzerland. The Decision explains that this means the person must have been pursuing significant activities for a certain length of time in the home country before moving to another EEA country to work. This will generally be accepted provided at least 4 months work on a self-employed basis has been carried out in the UK before the start of the employment abroad
• be able to substantiate, if necessary by producing the relevant contracts details of the work to be performed abroad
• while working abroad continue to maintain in the UK the conditions enabling him to resume work on return. Examples of this could be retaining the use of office space or the infrastructure needed to pursue activity on return such as paying social security contributions and taxes, having a VAT number and registration with the chamber of commerce or professional bodies. This is only intended to serve as a guide, given that different types of work and professions will produce different indicators.

AC Decision No 181 also requires checks to be made which can be at any time throughout the period shown on the form E101 to ensure that the conditions of the work being undertaken have not changed. For this reason any change which occurs during that period either before going abroad or whilst abroad must be notified to Centre for Non-Residents (Newcastle) whose full details are shown under Contact information.