Updated : 12/03/2018
For the time being, the United Kingdom remains a full member of the EU and rights and obligations continue to fully apply in and to the UK:
Which country you're covered by depends on 2 factors:
You may not choose which country you will be covered by.
When working or living abroad, you will have social security cover by either your home country or the host country. In either case, you'll need to make arrangements to make sure you stay covered after you move to your new country.
To avoid potentially serious problems and misunderstandings, find out about social security in your host country.
As a migrant worker in the EU - employed or self-employed - you should register with the social security system in your host country.
You and your dependants will then be covered by that country's social security system. Your benefits related to sickness, family, unemployment, pensions, occupational accidents and diseases, early retirement and death will be determined by the local laws.
In many countries, the benefits you're entitled to may depend on how long you've previously paid contributions for.
The country where you claim benefits must take into account all the periods you've worked or all the contributions you've paid in other EU countries as if you'd been covered in that country all along.
If it fails to do so, contact our assistance services for help.
Ania from Poland worked 6 years in Poland and then moved to Germany, where she worked for 2 years.
She then had a car accident which left her unable to walk, so she applied for an invalidity pension in both Poland and Germany.
The German authorities dismissed her application because she'd worked there for less than 5 years (the minimum period to qualify for a German invalidity pension).
However, in calculating Ania's working years, the authorities should have included the time she'd worked in Poland. This would have brought the figure to 8 years, well over the German minimum for qualifying.
So Ania was actually entitled to an invalidity pension from both Germany and Poland — each country paying a share proportionate to the years Ania had worked there.
This will have no impact on your or your family's social security rights: health cover, family allowances, disability or old-age pension, etc.
Get a European Health Insurance Card (EHIC) to access healthcare services in the country you're posted to. You can get an EHIC from your healthcare provider or the social security authorities in your home country.
If you move your residence to your host country, ask the healthcare authorities in your home country for an S1 form instead. Give the S1 form to the host country's healthcare authorities on arrival.
This form proves that you are still covered by your home system while abroad - for up to 2 years.
You should be able to present the A1 form to the authorities at any time during your stay abroad. If you're unable to do so, you might have to pay social security contributions there. If you are subject to an on the spot check by the labour inspectorate and you have a valid A1 form, your host country must recognise it.
Alan is a self-employed Czech construction worker who has gone to work in Ireland. Inspectors visited a construction site where he was working and claimed that Alan's A1 form was not valid; they wanted him to pay social security contributions in Ireland.
It was however not up to the Irish authorities to judge whether Alan was a genuine posted worker or not. Only his home country, where he was working before his posting and he will return to afterwards, can declare an A1 form invalid.
The Irish authorities had to acknowledge that Alan did not have to pay contributions in Ireland.
Is it clear from the start that you will be working abroad longer than 2 years?
You can request an exemption to remain covered by your home social security system for the duration of your posting.
Exemptions vary from case to case and require the agreement of authorities in each country involved : your home country and your host country. Exemptions are valid for a specific period only.
If you continue to work abroad for more than 2 years without an exemption, you will have to switch to the local social security system and pay contributions there.
If you don't want to switch systems, you have to stop working for at least 2 months.
You couldn't complete the work specified in your A1 form because of unforeseen circumstances such as illness, weather, delays in delivery, etc.?
Your employer can request an extension of your initial posting period until your planned work has been completed.
However, the length of time you can work in the host country while remaining covered by your home social security system is still limited to 2 years in total.
To get an extension, you must request it from the authority that issued your A1 form before the end of the initial posting period.
If you're a civil servant seconded to work in another EU country (at an embassy, consulate or other official institution abroad), you'll be covered by the social security system of your home country.
This means your benefits related to sickness, family, pensions, occupational accidents and diseases, early retirement and death will be determined according to your home country's laws.
A different set of rules applies if you become unemployed while on secondment.
As a cross-border commuter - whether you are employed or self-employed:
Balázs used to live in Hungary and work in Austria. During that time, he paid his contributions in Austria. However, the Hungarian authorities are now claiming he should have paid contributions in Hungary.
Cross-border commuters in the EU are covered under one national social security system only — in the country where they work. The Hungarian authorities' claim is wrong.
The basic rule is that if you work in more than one EU country, but carry out a substantial part of your professional activities in your country of residence, you are covered by the social security system in your country of residence.
A 'substantial part' of your activities means at least 25% of your working time and/or income. If you are self-employed, turnover and the number of services provided can also be relevant when calculating this percentage.
You are covered...
are employed but have no substantial activity in your country of residence
where your employer's head office or business is located
work for two employers with head offices in different countries, one in your country of residence and one outside your country of residence but have no substantial activity in your country of residence
where your employer's head office or place of business is located outside your country of residence
work for two employers with head offices in different countries outside your country of residence but have no substantial activity in your country of residence
in your country of residence
are self-employed and have no substantial activity in your country of residence
where the centre of interest of your activities is located
are employed in one country and carry out self-employed work in another
in the country where you are employed
If you're receiving unemployment benefit from the EU country where you became unemployed, going abroad to look for work won't affect your (or your family's) rights to health cover, family allowance, invalidity or old age pension rights, etc.
To ensure that you and your family have health cover during a temporary stay abroad, don't forget to get a European Health Insurance Card (EHIC).
Once you've found a job, various social security rules may apply.
If you're not receiving benefit from the EU country where you became unemployed and move to another EU country to look for work, the social security authorities will decide by which social security system you'll be covered (health cover, family allowance, etc…).
The social security authorities determine this with the help of a list of criteria including:
The country responsible for your social security may make your entitlement to benefits dependent on how long you've previously paid contributions for. However, it will have to take into account all the periods you've worked or all the contributions you've paid in other EU countries as if you'd been covered in that country all along.
If it fails to do so, contact our assistance services for help.
As a newly-arrived jobseeker, you have a right to reside in that country to look for work for up to 6 months - and longer, if you can prove you're still looking for a job and have a good chance of finding one.
So be sure to keep copies of:
EU rules don't oblige your new country to grant income support or any other kind of welfare assistance to jobseekers looking for a job for the first time in that country.
Björn from Germany had been receiving his German unemployment benefits in Belgium. When his U2 form (formerly E 303 form) expired, Björn decided to stay on in Belgium and apply for income support there.
The Belgian authorities turned down his application. Under Belgian law, Björn wasn't entitled to income support in Belgium, as he'd never worked there.
Under EU rules you have no automatic right to income support (or any other kind of assistance) as a first-time jobseeker in another EU country. But you might be entitled under national rules - it's always worth checking with the local authorities.