European Union: Agreement on Exception to Existing Social Security Rules for Cross-border Teleworking
January 8, 2024
Update - January 8, 2024: Effective January 1, 2024, Italy joined the framework agreement (having signed the agreement on December 28, 2023). This news will be of particular significance to the approximately 800,000 Italian residents who work for Swiss-based employers, and who periodically work remotely in Italy.
Original - July 23, 2023: A framework agreement (FA) establishing a further exception to the “pay (social security) where you work” principle for cross-border remote workers in Europe came into force on July 1, 2023. Under the FA, employees who work for an employer in one FA signatory country but who reside and partially telework in another FA signatory country can remain affiliated with the social security system of their employer’s country provided that they spend less than 50% of their total working time in their country of residence. The agreement – which only affects signatories - has already been signed by 18 European countries, including, among others, Austria, Belgium, France, Luxembourg, Germany, the Netherlands, Spain and Switzerland. Notable exceptions include Italy and Denmark (which have yet to announce their positions) and the United Kingdom (which has formally announced that it will not sign the FA). Eligible individuals will have to formally apply for the exception as it will not be applied automatically; however, when the conditions are fulfilled (and, for example, employer and employee agree) approval of the A1 form should be granted without delay once the application management systems are ready.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.
Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.
Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.
Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.
Blog post
Regional Immigration Manager David Makau provides essential information about the launch of Bahrain's new Golden Visa portal, highlighting key details for applicants.
Video
Partner Diana Quintas shares everything you need to know about Brazil’s Digital Nomad Visa – a great option for remote workers looking to live and work in Brazil.
Media mentions
Partner Haseena Enu discussed her role in a pilot program mentoring Afghan legal professionals as they rebuild their careers in the US.
Media mentions
Partner Aaron Blumberg explained that SEVIS terminations are creating uncertainty for international students in the US and their employers.
Media mentions
Partner Amy Cococcia discusses the impact of tightened US immigration policies on work visa processing.
Media mentions
Partner Kevin Miner comments on USCIS’s atypical RFEs citing “adverse information” in employment-based petitions.
Blog post
Immigration Manager Virginie Todesco highlights how obtaining a business investor permit in Luxembourg can provide significant opportunities for accessing European markets and fostering business growth.
Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.
Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.
Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.
Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.
Blog post
Regional Immigration Manager David Makau provides essential information about the launch of Bahrain's new Golden Visa portal, highlighting key details for applicants.
Video
Partner Diana Quintas shares everything you need to know about Brazil’s Digital Nomad Visa – a great option for remote workers looking to live and work in Brazil.
Media mentions
Partner Haseena Enu discussed her role in a pilot program mentoring Afghan legal professionals as they rebuild their careers in the US.
Media mentions
Partner Aaron Blumberg explained that SEVIS terminations are creating uncertainty for international students in the US and their employers.
Media mentions
Partner Amy Cococcia discusses the impact of tightened US immigration policies on work visa processing.
Media mentions
Partner Kevin Miner comments on USCIS’s atypical RFEs citing “adverse information” in employment-based petitions.
Blog post
Immigration Manager Virginie Todesco highlights how obtaining a business investor permit in Luxembourg can provide significant opportunities for accessing European markets and fostering business growth.