# Yellow card. Months in year allowed out of Cyprus



## cliffnorm (Jan 23, 2014)

I am in the process of applying to be self-employed and should have a resonse from social securities this week. I will then apply for a yellow card. However, I may want to spend some time out of Cyprus in the winter as my profession is tourism dependant. How much time in a year can I spend out of Cyprus before my yellow card or other 'documents' become void? Can't find the answer on the net. Any help is greatly appreciated.


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## Talagirl (Feb 24, 2013)

Just checked my 'Yellow Slip' and there is no expiry date on it so I would have thought that as far as Immigration is concerned there would be no problem. However, depending on where you are tax resident (registered for paying tax on your income and other worldwide assets) then there may be a problem as I believe you have to be resident for 183 days in any tax year. You do not say where you are tax resident but I think this ruling is applicable in Europe if not worldwide.


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## Baywatch (Mar 30, 2014)

cliffnorm said:


> I am in the process of applying to be self-employed and should have a resonse from social securities this week. I will then apply for a yellow card. However, I may want to spend some time out of Cyprus in the winter as my profession is tourism dependant. How much time in a year can I spend out of Cyprus before my yellow card or other 'documents' become void? Can't find the answer on the net. Any help is greatly appreciated.


The EU directive say that if you are out of the member-state where you for the moment are resident more then 2 years the member has the right to cancel your residence permit. Also you are not allowed to be resident in two member-states at the same time. But the 183 day rule decide where you are resident, and I assume you will be more in Cyprus then in UK. 

But how this is checked in reality is another question. 

Anders


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## Meenotyou (May 26, 2014)

Directive2004/38/EC Article 11:

1. The residence card provided for by Article 10(1) shall be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen, if this period is less than five years.

2. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absence of a longer duration for compulsory military service or by once absence of a maximum of twelve consecutive months for important reasons such as pregnancy and child berth, serious illness, study or vocational training, or a posting in another Member State or a third country.

Note that the same text appears in Article 16. Article 16 goes on to say:

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.

As mentioned above, what is exercised in reality is sometimes different than what is on paper, but this is from the EU Directive. Hope it helps~


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## Baywatch (Mar 30, 2014)

Meenotyou said:


> Directive2004/38/EC Article 11:
> 
> 1. The residence card provided for by Article 10(1) shall be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen, if this period is less than five years.
> 
> ...


This writing is about Residence card. A residence card is for a non EU citizen. In Cyprus the residence permit for EU citizens has no end date


Anders


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## Meenotyou (May 26, 2014)

Baywatch said:


> This writing is about Residence card. A residence card is for a non EU citizen. In Cyprus the residence permit for EU citizens has no end date
> 
> Anders


Indeed, Article 11 was probably wrong to cite for this reason. Sorry I didn't catch that. Article 16 does not make reference to Residence Cards and does seem to make the same conditions applicable to EU citizens.

OP said he looked for the info on the web; just wanted to provide a reference source for OP to look at and interpret for himself. Do a google search for Directive2004/38/EC, the first site to pop up, eur-lex europa, has the full text of the Directive. 

*Directive2004/38/EU*

*Chapter IV - Right of Permanent Residence*

*Article 16 (the first Article in Ch4) - General rule for Union citizens and their family members*

1. Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III.

2. Paragraph 1 shall also apply to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years.

3. Continuity of residence shall not be effected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childberth, serious illness, study or vocational training, or a posting in another Member State or third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.

Article 17 and other Articles in ChIV establish exemptions which may or may not be applicable to the OP.

My interpretation of this is that par3 sets the permissible periods of absence to still meet the 'continuous period of five years' for the right to permanent residence (even for EU citizens), and if the OP has already met the five years residence requirement, any short period of absence is irrelevant provided he is not away for more than two continuous years.

Hope this helps~


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## Baywatch (Mar 30, 2014)

Meenotyou said:


> Indeed, Article 11 was probably wrong to cite for this reason. Sorry I didn't catch that. Article 16 does not make reference to Residence Cards and does seem to make the same conditions applicable to EU citizens.
> 
> OP said he looked for the info on the web; just wanted to provide a reference source for OP to look at and interpret for himself. Do a google search for Directive2004/38/EC, the first site to pop up, eur-lex europa, has the full text of the Directive.
> 
> ...


It is the 2 years that is the limit. But there is one more rule. You can not be resident in more then one member state at the same time. For myself and my wife this means that even if we had unlimited permission to stay in Germany, this should be revoked when we got the permits in Cyprus. So even if you go away and live in another EU country for less then 2 years, your permission to stay can be revoked.

There is an interesting question that no one have been able to answer.

The 183 day rule say that you should pay tax where you live 183 days or more during a year. But in theory you could live in 3 different countries during a year. What happens then?

Anders


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## Meenotyou (May 26, 2014)

This is not meant to be an definitive answer to your question but rather considerations.

I have no idea if there are special rules concerning EU. It is possible you will have to file and pay taxes in any and all places where you live and/or earned a salary. I will have to file and pay taxes in both Cyprus and the U.S.

From the PWC Cyprus tax guide: Renumeration from salaried services rendered outside Cyprus for more than 90 days in a tax year to a non-Cyprus resident employer or to a foreign permanent establishment of a Cyprus resident employer is exempt from Cyprus taxes. There are also exemptions for renumeration from employment exercised in Cyprus by individuals who were not residents of Cyprus before the commencement of the employment. These are partial exemptions for a five year period or a three year period depending on the amount of renumeration earned.

Further, Cyprus has a double taxation treaty with numerous countries, to include the UK, so that even if you are required to file taxes in Cyprus and elsewhere in the same year, you are in effect not getting double taxed for your income, interest, royalties, or dividends.

Hope this helps~


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## Baywatch (Mar 30, 2014)

Meenotyou said:


> This is not meant to be an definitive answer to your question but rather considerations.
> 
> I have no idea if there are special rules concerning EU. It is possible you will have to file and pay taxes in any and all places where you live and/or earned a salary. I will have to file and pay taxes in both Cyprus and the U.S.
> 
> ...



EU law is clear, you pay tax where you reside 183 days or more in the tax year.


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## cliffnorm (Jan 23, 2014)

Thank you for all the feedback! My wife is non-eu (Russian) and will hopefully given a yellow card too. We are planning to go to Moscow for the winter but she thinks there is a limit of 3 months she can be out of the country. I am thinking of being out of Cyprus for 4, possibly 5 months. However, if she is the spouse of EU citizen, she should be entitled to the same rights as me?


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## Meenotyou (May 26, 2014)

It would appear that she is entitled to the same rights as you and that, for the purpose of obtaining the right to permanent residency, you both can be out of Cyprus for up to six months per year for the five years counting toward earning permanent residency rights. 

Recommend you read Directive2004/38/EC to ensure you are aware of the various provisions and interpret them for yourself as I am no lawyer and am simply quoting text and providing my own interpretation (which very well may be wrong).


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## Baywatch (Mar 30, 2014)

cliffnorm said:


> Thank you for all the feedback! My wife is non-eu (Russian) and will hopefully given a yellow card too. We are planning to go to Moscow for the winter but she thinks there is a limit of 3 months she can be out of the country. I am thinking of being out of Cyprus for 4, possibly 5 months. However, if she is the spouse of EU citizen, she should be entitled to the same rights as me?


There is no difference in rights between you and your spouse. When she has got her yellow slip. she can go wherever she want as long as the come back within two years.

Anders


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## mikehump3 (Aug 28, 2012)

cliffnorm said:


> Thank you for all the feedback! My wife is non-eu (Russian) and will hopefully given a yellow card too. We are planning to go to Moscow for the winter but she thinks there is a limit of 3 months she can be out of the country. I am thinking of being out of Cyprus for 4, possibly 5 months. However, if she is the spouse of EU citizen, she should be entitled to the same rights as me?


Not quite the same rights as you. You can travel freely in the Union. Your wife can only travel in the Union either accompanied by you or on a visa, Schengen or country specific.


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