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EEA Company director treaty rights and CSI

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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andreih2005
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EEA Company director treaty rights and CSI

Post by andreih2005 » Tue Jan 17, 2017 4:03 pm

Hello everyone,
I am an EEA national wishing to exercise treaty rights as a UK resident. I have continuously worked since January 2015 (whilst still being a student) and now I decided to start my own company. However, in the first months I am not sure that I will be able to pay myself a salary due to the fact that I don't know how well the business is going to perform. Due to my fair income, my former employers have already paid my NI contributions in full this tax year. My questions would be:

1) Am I going to continue exercising my treaty rights in the next 2-3 months, even if I don't pay myself a salary or am I going to become self sufficient (needing CSI)?
2) As I have worked continuously for one year, in order for my "worker" status to be retained, do I need to register with JobCenter Plus as a Jobseeker or is it retained automatically?

I have already read a lot on this forums full of useful information (really grateful to the forum administrators and the other members for them), but I am not sure what the law says in regards to company directors.

Furthermore, I have already taken out CSI that starts on the 1st of February (the date I am not longer going to be employed by any of my employers). I have taken an "all inclusive" package from AXA PPP, but I am not sure if it is "comprehensive" enough to cover me as a self sufficient person. It covers out-patient treatments in full, covering everything highlighted in the post description here: https://www.drewberryinsurance.co.uk/pr ... -plan-need . However, I have phoned AXA PPP and they said they can't provide me objective and accurate information whether the comprehensiveness is enough for HO and asked me to speak to them directly. I phoned them and they asked to send the policy documents through post and they will get back to me (but from the experience of what other people posted on the Internet, it could take months!).

What should I do now? Should I also register with Jobcentre plus as a preventive measure?

Thank you very much for your answer in advance!

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: EEA Company director treaty rights and CSI

Post by noajthan » Tue Jan 17, 2017 4:19 pm

Unclear what you hope to achieve by registering as a jobseeker if you are selfemployed.
The two categories are incompatible under EU route.

Get up to speed on qulaified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

andreih2005
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Posts: 3
Joined: Tue Jan 17, 2017 3:03 pm

Re: EEA Company director treaty rights and CSI

Post by andreih2005 » Tue Jan 17, 2017 4:57 pm

noajthan wrote:Unclear what you hope to achieve by registering as a jobseeker if you are selfemployed.
The two categories are incompatible under EU route.
This is because I might not meet the MET/PET test for a couple of months, therefore not meeting the requirements for application under the worker route. Also, I am a company director. Is that considered self employment, even if I don't pay myself a monthly salary (or just get dividents from time to time)?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: EEA Company director treaty rights and CSI

Post by noajthan » Tue Jan 17, 2017 5:06 pm

andreih2005 wrote:This is because I might not meet the MET/PET test for a couple of months, therefore not meeting the requirements for application under the worker route. Also, I am a company director. Is that considered self employment?
In that case suggest get CSI in place and make sure you are selfsufficient with proof of adequate resources.
As you can't be a jobseeking selfemployed person. It doesn't compute.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

andreih2005
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Posts: 3
Joined: Tue Jan 17, 2017 3:03 pm

Re: EEA Company director treaty rights and CSI

Post by andreih2005 » Tue Jan 17, 2017 5:20 pm

Can anyone please reply me to the following question: Also, I am a company director. Is that considered self employment, even if I don't pay myself a monthly salary (or just get dividents from time to time)?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: EEA Company director treaty rights and CSI

Post by noajthan » Tue Jan 17, 2017 5:33 pm

andreih2005 wrote:Can anyone please reply me to the following question: Also, I am a company director. Is that considered self employment, even if I don't pay myself a monthly salary (or just get dividents from time to time)?
If you work for a legal entity, your company, then you are an employee.

Under EU route the key test is whether work is genuine and effective.
And then yes, HO applies its somewhat controversial MET on top of cleaner, purer EU law.
So low income will prompt a deeper evaluation of the case.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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