Can i work in Cyprus as a UK employee , from home?

Hi ,

I work for a business that is based in both Cyprus and UK. I work from the UK company but have been out to Cyprus many times to work

Since Brexit, you are not allowed to go to work in Cyprus from the uk without going through complicated visas

My question is, does that change if you are able to work remotely from home in Cyprus? If i was to stay for the 90 days you are allowed to freely stay?

Any advice would be great.

Thanks in advance

Cyprus is visa free for UK nationals for 90 days but not normally  for work....

How long do you intend to stay if over 90 days you must get a visa and a work
Permit like all other non Eu nationals... also you will need to register for tax here if you intend to work this way in excess of 183 days

Similar question, if you intend to stay in Cyprus for longer than 90 days I believe you need to register for a registration certificate, MEU1 if not mistaken?

Also if you intend to work what else is required or is that sufficient?

You need to register for residency and get a work permit and register with the tax dept for tax number and welfare

Thanks toon.

Regards to MUKW1, I have all the documents except the electricity and water are in the tenants name, as  issued to rent the house and have no bills in my name, have the deeds but not the bills, anything I can do?

Any bill tied to your name and address bank statements cyta bill house purchase invoice lawyers  bills

The problem I fore see is the bills normally have to be within the last three months. And they are likely to ask why you can't so Be careful if you declare you a renting the property out to tenants

Thanks toon

Is is the period last 3 months before Brexit, October - December 2020 they want bills and bank statements for?

No the three months prior to application so Jan  mar or feb to April

Sorry Toon, if I apply this month for MUKW1 I have to provide February, March & April 2021 documents

That doesn't show anything before Brexit?

You only need last three months... if you want to provide. More then fine 
Am guessing you want to prove you were resident pre Brexit then you may be asked to prove that you were resident albeit not legally ie not registered

That's correct, need to prove was resident before Brexit

Have all docs. except bills in my name

You will be expected to prove residency by bills or regular shopping expenditure that's why I mentioned bank statements...as without that you may well have property here but that by itself  doesn't prove residency and living here... as plenty of holiday home owners as finding out

We had to provide 5 years of bank statements to prove we lived here in our application for permanent residency

According to the application requirements:

Applying for a Temporary Residency Document MUKW1
(Previously referred to as MEU1 for UKN's who have been here 90+ days and up to 5 years)

• Completed Application form – the original to be included with your application.

Include a copy of your marriage certificate if applying as a couple.
Plus
• Passport or ID card– valid UK passport. Copy required for application
Plus

• Proof of Accommodation
o Rental Contract signed and stamped by an authorised Gov Agent which
could be the local Mukhtar
o Deeds or Purchase Contract
o Utility bill that proves 3 months residency

Plus
o Proof of Comprehensive Health insurance in the Republic or S1 from UK
NHS or Gesy registration details
Plus

o Proof of income – fixed or adequate income from employment outside the
Republic; or (b) Fixed or adequate income from other legal sources; or (c)
Adequate deposits in financial institutions in the Republic or abroad or (d)
Pension OR bank statements - for the last 3 months OR employment
contract and social insurance contributions

You may be ok with just the purchase invoice but in my opinion it doesn't prove living here like a rental contract and bills do ... just my opinion though

Good luck

It will all come down to who you see at interview as it usually does... if the interviewer is having a good day or a bad day etc

The good news is that you can absolutely visit regularly without a visa. The post-Brexit situation does not require them: we are entitled to make visits of up to 90 days in any 180 days period, "for tourism or business purposes".

(And, just FYI, Cyprus is currently outside the Schengen Zone, so you can spend a separate 90 days in any 180 days in any combination of Schengen countries, if you want to go to another EU country, instead of going back to the UK.)

However, your post contains the danger phrase "work in Cyprus". As other posters have indicated, working in Cyprus, long-term, is something that does require an appropriate visa/residence permit.

So we have to understand if you really work in Cyprus or not! Which usually is obvious. But as you are working for a company with two locations, it's not so clear.

If you told me that you really work for the Cyprus company, as opposed to working for the UK company, or working remotely for the UK company, then I'd have a concern. If you told me that the Cyprus company pays for your travel to Cyprus, and your living expenses while here... and/or that it pays you a salary... the I'd say you're definitely working for the Cyprus company!

Similarly, I'd be very concerned if you told me you come to Cyprus because the Cyprus company requires it... as opposed to you preferring the Cyprus lifestyle, and the UK company enables it by allowing you to work remotely.

However, your posting also says that you "work for the UK company". If you are a UK employee, and you are being paid correctly in the UK with all deductions (PAYE, NI), then your employment, taxation, and social security is being taken care of. Thus you can demonstrate to any Cyprus authorities that are interested (immigration perhaps) that you are a UK worker, and that you are not employed in Cyprus. This is the main issue if there is any question about your status.

Moreover, as there are two companies, if required, the UK can continue to pay you as usual, and the Cyprus company can reimburse them (against invoice) for any services rendered. (But, in general terms, not "for Ms Sg for 2 months"!)

In my experience, Cyprus is not a very strict, border-control country like, for example, USA/UK, where you might routinely expect greater interest in the why/how/what of your repeated visits. In my experience, Cyprus welcomes visitors without much questioning, especially you're a citizen of a richer country like the UK. And, of course, there are historic ties to UK, and lots of British residents/visitors, so you would not be unusual. However, even so, it's your responsibility to comply with all laws and immigration regulations.

Hence, I don't think they will typically ask why you are visiting in Cyprus. And if you own a second home here, your repeated visits would be expected.

However, as you can see from your posting here, you must avoid the "work" or "working" words! I personally wouldn't volunteer information about work... but, if asked directly, I think it's safer to say that you are an employee of a UK company, and while in Cyprus you will still do some work remotely for them. I would avoid saying that you "work" for the Cyprus company. Instead, do you sometimes have to go into the Cyprus office to help out? Do you have meetings with key clients? Are you involved in meetings to coordinate projects between UK/Cyprus? Are you demonstrating new software? Are you a key worker/manager giving direction?

Overall, based on what you said (and subject to my clarifications above), I think it's unlikely you'd have a problem... maybe for a year or two, maybe for many years. But I would personally prefer to regularize my situation: I don't want any hassle from immigration... and I certainly don't want the expense of maintaining two homes! Plus... I love Cyprus, so I'd rather live in Cyprus all/most of the time! So I'd encourage you to investigate, in due course, getting a visa/residence permit.

It is, unfortunately, more difficult now, post-Brexit, as you need a visa first, then apply for a residence permit. But, really, you are in the ideal situation as your company has two offices. So I'd expect them to be able to keep paying you to work for the UK office (remotely)... and I'd expect them to be able to do an "intra company transfer" where they want to offer you a job in the Cyprus office, and have you relocate to Cyprus. Having a job offer goes a long way, especially in the context of a transfer between related companies. And if you're a valued employee, I'd imagine you could convince them to do this. The track record of employment in the UK, a transfer, and a formal job offer in Cyprus, should enable you to navigate the formalities much more easily than other Brits wanting a new life in the sun! :-)

I'd be interested in seeing how this pans out.  In all other EU countries, where you are assessed for your worldwide income (not just taxes) is always deemed by where you are resident for the majority of the tax year.  Tax residence is always deemed by where you live, not where you work.

There will probably be a tax agreement in place between Cyprus and the UK which will protect the individual from paying tax twice on the same money, but I suspect that the right to tax will always be with the country of residence except for provisions made in tax treaties (i.e. Government paid pensions).

There are also aspects of UK employment (i.e. allowances, company pension tax breaks, healthcare options) that are only available to UK residents, so should be declared as part of your worldwide income.

Lastly - the work contract itself.  Is a UK work contract valid in Cyprus courts of law; does the UK employers insurance cover extend to their employee working in another country; if the employee hurts themselves while working, do they get sick pay?  If made redundant, what happens then?

Brexit made things murky in most of these examples and we've yet to see any legal challenges to help steer us in the right direction.  The EU makes provision for cross-border working, the UK does not.

I for one will not be advising anybody to make life-changing decisions without answers.

Cynic
Expat Team