EEA3 Self Employed minimum earning for Permanent Residence

My wife is Lethvanian national. We were engaged in August 2008 living
together since. we married in Jan 2009. She have studied some
English language course during Sept 2009 till Dec 2009.

From Aug 2008 when we were living together after engagement till
Jan 2010 she was a house wife and never claim any kind of benefit
or social support in UK.

She was registered with HM revenue on 21/01/2010 as self employed.

She applied for resident card in Oct 2010, at the same time I was
issued resident permit as non EEA family member for 5 years till
Oct 2015.

We have our first baby on 27/03/2010 and and second baby on 6/01/2014.she took maternity leave and maternity allowance for both periods.

My son born with hearing disability and she was his carer
throughout this time she was spending 35 hours minimum per week and
was working only 16 hours/week on Saturday and Sunday since. This
routine still in practice up to date and continued.

My wife average earning during all this time between £55 - £60 /
week.

I am non EAA national and came to UK in September 2004 and was granted
HSMP in July 2008 and change my HSMP status to Family member of EEA national in Oct 2010. I am working as Software engineer from last 6
years and my income is 28000/year.

************************************

Questions

1: Is she was still a qualified person during the above 5 years time with minimum self employed average earning of £55/week?

2: Can this earning will be ok for us to be eligible to apply for Permanent Residence cards?

Many Thanks

akz wrote:My wife is Lethvanian national. We were engaged in August 2008 living
together since. we married in Jan 2009. She have studied some
English language course during Sept 2009 till Dec 2009.

From Aug 2008 when we were living together after engagement till
Jan 2010 she was a house wife and never claim any kind of benefit
or social support in UK.

She was registered with HM revenue on 21/01/2010 as self employed.

She applied for resident card in Oct 2010, at the same time I was
issued resident permit as non EEA family member for 5 years till
Oct 2015.

We have our first baby on 27/03/2010 and and second baby on 6/01/2014.she took maternity leave and maternity allowance for both periods.

My son born with hearing disability and she was his carer
throughout this time she was spending 35 hours minimum per week and
was working only 16 hours/week on Saturday and Sunday since. This
routine still in practice up to date and continued.

My wife average earning during all this time between £55 - £60 /
week.

I am non EAA national and came to UK in September 2004 and was granted
HSMP in July 2008 and change my HSMP status to Family member of EEA national in Oct 2010. I am working as Software engineer from last 6
years and my income is 28000/year.

************************************

Questions

1: Is she was still a qualified person during the above 5 years time with minimum self employed average earning of £55/week?

2: Can this earning will be ok for us to be eligible to apply for Permanent Residence cards?

Many Thanks

There is no minimum or maximum earning limits for self employed persons,so £ 55/= a week does not matter unless you can provide last five years self assessments,class 2 NI contributions(if you dont have low income exemption certificate),personal bank statements and verifiable invoices.

Thanks Imshzd,

self employed work is a web designing, and all the work is available on line on website, we provided all the contracts and invoices for each work along with the contact details of the customers. hope this will be fine, All the NI class2 were paid but lost some of the invoices paid in post office.

Also provided 5 years self assessment online printed forms, a personal bank statement of 5 years showing all transactions but missing some because that was done by cash in hand but have invoices for that.

I am waiting for result in a week time will inform about the final decision about the PR as soon i get it.


akz

Definition of self employment
A self-employed person is an EEA national, exercising their free movement rights in the UK
by working for themselves and generating an income in a self-employed capacity.
You must consider the following factors, although not all the factors will be relevant to every
application. You must decide each application after analysing all the relevant
circumstances.

Applicants must provide evidence to show they meet the factors listed
below:

 economic activity
 responsibility and personal freedom
 genuine and effective self employment
 registration with HM Revenue & Customs (HMRC)
In addition the two factors below will only apply depending on the type of self-employment:
 permanence and stability
 membership of a professional body

Reasonable evidence of self-employment may include:

 proof of registration for tax and National Insurance (NI) purposes with HMRC for
example:
o letter of self-employed status
o letter confirming payment of tax and NI contributions
 invoices for work done
 a copy of their business accounts
 an accountant’s letter
 leases on business premises (if applicable)
 advertisements for their business
 business bank statements.

Any evidence submitted must be dated no more than six months before the application
date.

Assessing whether the self-employed activity is ‘genuine and effective’
While there is no minimum amount of hours an EEA national must engage in self-employed
activity to qualify as a self-employed person, the employment must be genuine and
effective and not marginal or supplementary.
The factors set out above will help you in considering whether the claimed self-employment
is ‘genuine’.

You can take marginal to mean that the self-employed activity involves so little time and
money as to be largely irrelevant to the lifestyle of the EEA national. It is supplementary
because in this situation the EEA national is clearly spending most of their time on
something else, not the self-employed activity.
You must carefully assess if the EEA national’s claimed self-employment is ‘genuine and
effective’. You must assess each case on its own merits, taking into account all of the
circumstances of the case.