Supporting Documentation Required for Self-Employed Apps

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, vinny, Obie, EUsmileWEallsmile, batleykhan, sbrennan

Postby Brigid from Ireland » Sun Jul 07, 2013 10:02 pm

I have translated various documents for a few people who were self employed in Ireland. It is all about filing the correct paperwork and having paperwork to support all claims and being HONEST.

Eg EU citizen comes to Ireland - they need their identity documents (passport and also preferably birth cert) and also their insurance number from their own country (NI from UK, PESEL from Poland and so on). Then they get Irish PPS number.

Step 1. Get Irish pps number using passport and insurance number from own country, for EU citizen, passport for non EU spouse and all children. Do this in first three months.

Step 2. Contact Revenue and register as self employed - this basically just means complete a form with simple questions such as date of birth. Then you get the first critical piece of paperwork - a letter saying you are registered as self employed. (If you have children living with you then you send a copy of this to child benefit section to claim 130 euro per month per child, with completed application form for child benefit).

Step 2a Get long term stamp EU FAM for non EU spouse using the letter from Revenue.

Step 3. Keep records of work done, income earned costs incurred and profit. This obviously depends on what you do, but say you sell art - you will have cost of paint/canvas, income from sale of painting, then profit. So good records, preferably deposit income into bank acccount when you get it, as proof you were paid, then take out a set amount each week (drawing income for yourself each week). Be HONEST -if you lie it is trouble. Better to say honestly you earned 50 euro this week cutting lawns for neighbours and have proof of this than to lie and have no proof.

Step 4. Can be done any time after 1 January - in other words start work in say September 2013, this step can't be done until January 2014. It is to calcuate and pay the tax due to the Irish taxman. Then six weeks later he sends a form to say tax/prsi paid in Ireland. Then you have proof you were self employed from Sept to Dec 2013 and that taxman accepted this and took the tax on your income. This is the final piece of paperwork and you need to do this each year you are self employed.

That is it - basically very easy if you are good at paperwork.

One point is that I think in Ireland you need to declare drawings/income of five thousand per year for a single person. Otherwise I think income too low and causes problems. If your spouse is with you and is not working elsewhere then I would double this to showing an income of five thousand for EACH spouse, and would declare both husband and wife as both being self employed, following the above steps for each spouse. Reason first is that they need to show they earn enough to live, and one hundred euro per spouse per week is bare minimum needed for survival here in Ireland. Second reason is long term that both spouses begin to gain rights to old age pension when old.

Note also that I would recommend that if work as an employee is available it should be taken as the prsi paid as an employee has better rights associated with it.

Note also that self employed EU citizens who do not earn sufficient to support family may apply for social welfare assistance - this is usually a long and interesting process requiring an extensive knowledge of rights under EU law.
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Postby too old » Wed Jul 10, 2013 2:58 am

following are the documents we sent with our application for eea2 and eea1 and we were successful. keep it simple and be honest

HMRC letter about selp employment
bank statement showing transactions
buisness details
accountant letter stating details of self employment and date and stuff
invoices towards customers they were relly rough but so what we just sent them
pumplets, buisness cards
I am always here to share my piece of knowledge with you if it is going to be any good to your application. Thanks
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Postby Asikk » Mon Jul 29, 2013 5:57 pm

Hey guys,
I have a question about being self-employed. When my husband was on studies in the UK two years back and was allowed to work there, the employers were asking him "are you self-employed?" Once he answered that he is a worker, and then the British friend from the same company asked him " do you have a contract with the company? if not, you are not a worker, you are self-employed". My husband of course didn''t have a contract because he was employed through some agency.

Is being self-employed you have to own your own business and have all those invoices and so on? Can you be employed through some agency and work for an employer without a proper contract?

What does it exactly mean to be self-employed?
Cheers! :)
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Postby wiggsy » Mon Jul 29, 2013 6:41 pm

Asikk wrote:Hey guys,
I have a question about being self-employed. When my husband was on studies in the UK two years back and was allowed to work there, the employers were asking him "are you self-employed?" Once he answered that he is a worker, and then the British friend from the same company asked him " do you have a contract with the company? if not, you are not a worker, you are self-employed". My husband of course didn''t have a contract because he was employed through some agency.

Is being self-employed you have to own your own business and have all those invoices and so on? Can you be employed through some agency and work for an employer without a proper contract?

What does it exactly mean to be self-employed?



did he get pay slips from the agency. if so he was employed by the agency - regardless of if he had a written contract. (some employers dont give you a "written contract" but have an employee handbook which forms the contract.

To be self employed, if you go next door and cut their grass, and she gives you a fiver for it... you have worked as a self employed person...

you don't necessarily need to give invoices, but you need to document your income etc... and DECLARE IT to HMRC.

the best bet would be to get a break down of employment history from HMRC. (just call them and ask for one).
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Postby Asikk » Tue Jul 30, 2013 3:15 pm

Thanks very much. Is being self-employed a hard nail in the UK? Do normally companies prefer to employ someone on the basis of being self-employed or rather as a worker?
Cheers! :)
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Postby wiggsy » Tue Jul 30, 2013 11:54 pm

Asikk wrote:Thanks very much. Is being self-employed a hard nail in the UK? Do normally companies prefer to employ someone on the basis of being self-employed or rather as a worker?


i think it is in the interests of LTD companies to have more employees as it helps their tax status? [but im no tax expert :P]

being a sole trader I know that if i Employ somebody I need Employers Liability insurance etc, which will cost an extra 180/year... I dont need this insurance if I sub contract my work to a self employed freelancer etc...

Different companies have different needs and expectation etc... I have worked for some companies as self employed on temp basis (Take away delivery driver ETC) but this is generally because it benefitted myself and the company... (easier accounting / easier expense deducton for myself...) and they didnt need to produce pay slips / pay tax etc

Just bear in mind, if you only work for one company, HMRChave a thing which states your not self employed but in fact employed... so it is a touchy subject etc...
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Postby Asikk » Tue Aug 06, 2013 2:55 pm

Just bear in mind, if you only work for one company, HMRChave a thing which states your not self employed but in fact employed... so it is a touchy subject etc...


Oh, that is good to know. Thanks
Cheers! :)
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Postby wiggsy » Fri Aug 09, 2013 8:01 pm

FOR UK SELF EMPLOYMENT.

Not sure if people on here are aware of this... but if your earnings (thats whats left from your income, after expenses are deducted) are below the threshold, then you can apply for excemption to paying nic's.

http://www.hmrc.gov.uk/forms/cf10.pdf

you will be issued with a certificate, and this should not affect your claim to PR, as a UK national can do this too (equality etc).
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Postby askmeplz82 » Fri Aug 09, 2013 8:52 pm

Asikk wrote:Thanks very much. Is being self-employed a hard nail in the UK? Do normally companies prefer to employ someone on the basis of being self-employed or rather as a worker?


basically depend. I am a worker and self employee too. You can be both

I work from home ( online business ) so i'm registred self employed

and also every week i work for different agencies ( Promo,sales ) work. Some agencies deduct NI/TAX from my salary and some don't and in that case i've to pay my own tax after calculation.
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Postby Imshzd » Thu Sep 19, 2013 8:01 pm

This guidance is based on the Immigration (EEA) Regulations 2006 and the Free Movement of Persons Directive 2004/38/EC
European Economic Area (EEA) and Swiss nationals – Free movement rights Self-employed person
About this guidance
Rights of admission to UK
Countries that qualify
This page tells you what information to consider if a European Economic Area (EEA) national wants to show they are a qualified person exercising free movement rights in the UK as a self-employed person.
An EEA national can exercise free movement rights in the UK as a qualified person if they are self-employed and registered for income tax and national insurance as a self-employed person with HM Revenue & Customs (HMRC).
If an EEA national says they are exercising free movement rights as a qualified person in this category, you must check there is evidence to support this.
For example:
 proof of registration with HMRC
 invoices for work done
 a copy of business accounts
 an accountant’s letter or other similar documents.
For more information on self-employment, refer to the HMRC website. See related link: Employment status.
Under regulation 6(3) of the Immigration (EEA) Regulations 2006, if an EEA national exercising free movement rights as a self-employed person is temporarily unable to work because of illness or accident, they can still be classed as self-employed.
An EEA national exercising free movement rights as a self-employed person can claim public funds like top up benefits for low paid workers or benefits for the involuntarily unemployed without their right of residence being affected. For more information on what constitutes a public fund, see related link: Public funds.
For help with a specific case, speak to your line manager or a senior caseworker.

In this section
Job seekers Worker
The Swiss agreement and posted workers
Conditions of free movement rights
Principles established by caselaw
Self-sufficient person Students
Assessing sufficient resources
British nationals with family members from outside the European Economic Area (EEA)
Links to staff intranet removed



Page 24 of 40 EEA and Swiss nationals: Free movement rights V8.0 valid from 21 August 2013
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Postby Davmck70 » Fri Oct 25, 2013 2:19 pm

People are complaining that their self-employed applications are being ignored? Why?

Does anyone have practical experience of successfully applying for residence documentation as a self-employed person?

There have been a number of posters whose applications have been returned for lack of evidence. I'm interested to hear from those who've got practical experience of success.

To answer the above questions, it is important to follow the application guidelines as stated by UKBA. These include:

a. Valid evidence of identity (original passports/identity cards for both sponsor EEA national and non EEA national)

b. Evidence of exercising treaty rights via self employment
i. Evidence of NI contributions
ii. Bank statements showing incomes (personal bank not compulsorily business account)
iii. Accountant's letter (quite important)
iv. HMRC self assessment forms
v. Invoices/ Receipts
vi. Proof of advertisement of business (this can be achieved by free listing on yell, advert in newspapers or local magazines)

c. Evidence of relationship (original marriage certificate), joint bank accounts or building society statements, joint tenancy agreements, council tax bills or evidence that you are both paying utility bills at residential address

d. Evidence of living in UK e.g Voter's card, Electoral roll forms etc

In my situation, I ended up providing all the above listed evidences after my application was thrown out to appeal at first tier tribunal which was allowed by judge. HO later appealed to Higher tribunal and more evidences were provided including email from HMRC about completion of self assessment. HO later withdrew appeal from Higher court.
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Postby EUsmileWEallsmile » Fri Oct 25, 2013 4:50 pm

@ Davmck70,

I find your case rather interesting. The point of the thread that I'd started was that some posters appeared to have followed UKBA guidance and provided the information suggested only to have suffered a rejection.

You appear to have done this, been rejected, but succeeded on appeal. Were there any pertinent points about the appeal that you could share?
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Postby Davmck70 » Sun Oct 27, 2013 8:19 pm

EUsmileWEallsmile wrote:@ Davmck70,

I find your case rather interesting. The point of the thread that I'd started was that some posters appeared to have followed UKBA guidance and provided the information suggested only to have suffered a rejection.

You appear to have done this, been rejected, but succeeded on appeal. Were there any pertinent points about the appeal that you could share?


Yeah quite an interesting story which I have already posted elsewhere on the forum. I suppose you can view it here:

http://www.immigrationboards.com/viewto ... start=6300

Points of appeal was I ensured
*I had sufficient evidence which were presented by a good solicitor
*I sent my appeal bundles on time with appendices of evidences labelled one after the other so they do not claim it was not submitted
*I always have photocopies and electronic scanned copies of sent docs

Quite a challenging one cos the whole process lasted 2 years but I never gave up.
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Postby EUsmileWEallsmile » Sun Oct 27, 2013 9:25 pm

@ Davmck70, it is a pity that your story is buried within a timeline thread , where it may never be appreciated for what it is.
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Postby ninkas » Fri Nov 01, 2013 12:35 pm

Great news today ! applied for eea1&eea2 via self employed route.Receive both today :-)
Married couple + 11 months baby
Application sent 30.08.13
Acknowledgment letter receive after 5 days
COA received on 18.09.2013 with right to work dated 09.09.2013
Passport eea requested 14.10.2013 received 19.10.2013
RC received 01.11.2013 :-) our case was NOT straight forward-my hubby was illegal entrant
Self employed-cleaner since November 2012
I attached:
1.marriage certificate- we married in 2011
2.our son's birth certificate
3.NIC payment slip and proved that I paid-NO DD !
4.Copy of DD for NIC but money will be taken next month only
5.Child benefit letter
6.letter from HMRC about the end of the tax year
7.letter from HMRC with code for self assesment
8.self assesment itself-printed out from my account with HMRC
9.My NINO original document
10.email from HMRC proving that I submitted my tax return online
11.10 invoices printed with my logo
12.8 bank statements-PERSONAL ACCOUNT-but statement looked good money wise
13.tennancy agreement x2 since 2011 till now with both our name on it
14.print out from my website
15.5 business card-not returned LOL

I do NOT have accountant and I explained it in my cover letter.I explained as well how I advertised my services-yell.com.yelp.co.uk
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PR certificate refused

Postby knitter » Wed Nov 27, 2013 6:06 pm

I'm a EU citizen and my application for a permanent Residence Certificate was refused.
I was employed and self employed.

Despite including NI contributions and pension statement, they said that there were not enough invoices to demonstrate a continuity.
I find this quite absurd. It doesn't say anywhere how big the gaps can be between an invoice and the other. There's no rule.
And in the event that someone earns a fortune with every invoice, why couldn't there be just, let's say, an invoice a year?

I find their rules discriminatory towards the self employed. There seems to be an unacceptable degree of discretion to cover up for the lack of rules.
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Postby Nimitta » Sun Dec 15, 2013 1:13 pm

I just receive a letter from the HO confirming my status after divorce. Yeah...

Both EEA and non-EEA are self-employed.

Divorce certificate (mine does show the date of divorce initiation btw)

EEA:
- Self-assessment forms for 2011-2012, 2012-2013 *
- Purchase orders, invoices and banks statements showing payments of NIN, taxes and income covering 1 year.**
- Rental agreement***
- Website printout

non-EEA
- Self-assessment forms for 2011-2012, 2012-2013
- Purchase orders, invoices and banks statements (for business and personal bank account) showing payments of NIN, taxes and income since the date when divorce was finalized until the date of application.
- Accountant letter
- website printout
- business cards

Cover letter

*, **, *** Basically for ROR one has to show that EEA has been working during divorce procedure. However, EEA has to reside in the UK for 1 year before the procedure has been initiated, and I was not quite sure how to prove that. Hence, documents marked with asterisks. I am a non-EEA, and my passport would've been stamped by IO (I had lived in the UK for 1.5 years before receiving the RC).

Business and personal account statements. Yes, I know that self-employed do not have to present business account statement to the HO, and the HMRC does not require it either. It's my bank. They insisted upon opening business account. :-) So, some business transactions went via my personal bank account, some via my business account, same applies to NIN payments and business expenditures. In cover letter, I explained why I included bank statements for both accounts, and highlighted the relevant transactions.

Letter from Accountant. Yes, I did not have to present this one either. And yes, filling in self-assessment form is fairly simple. Still it takes time and I was very, very, very busy. I would have hired one anyway, so since I had one anyway, I asked her to write a letter.

The timeline:
21/10/2013 Application sent
14/12/2013 RC received
Last edited by Nimitta on Mon Dec 16, 2013 6:53 am, edited 2 times in total.
Mean what you say, say what you mean
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Postby askmeplz82 » Sun Dec 15, 2013 3:01 pm

Nimitta wrote:I just receive a letter from the HO confirming my status after divorce. Yeah...

Both EEA and non-EEA are self-employed.

Divorce certificate (mine does show the date of divorce initiation btw)

EEA:
- Self-assessment forms for 2011-2012, 2012-2013 *
- Purchase orders, invoices and banks statements showing payments of NIN, taxes and income covering 1 year.**
- Rental agreement***
- Website printout

non-EEA
- Self-assessment forms for 2011-2012, 2012-2013
- Purchase orders, invoices and banks statements (for business and personal bank account) showing payments of NIN, taxes and income since the date when divorce was finalized until the date of application.
- Accountant letter
- website printout
- business cards

Cover letter

*, **, *** Basically for ROR one has to show that EEA has been working during divorce procedure. However, EEA has to reside in the UK for 1 year before the procedure has been initiated, and I was not quite sure how to prove that. Hence, documents marked with asterisks. I am a non-EEA, and my passport would've been stamped by IO (I had lived for one year before applying for the RC).

Business and personal account statements. Yes, I know that self-employed do not have to present business account statement to the HO, and the HMRC does not require it either. It's my bank. They insisted upon opening business account. :-) So, some business transactions went via my personal bank account, some via my business account, same applies to NIN payments and business expenditures. In cover letter, I explained why I included bank statements for both accounts, and highlighted the relevant transactions.

Letter from Accountant. Yes, I did not have to present this one either. And yes, filling in self-assessment form is fairly simple. Still it takes time and I was very, very, very busy. I would have hired one anyway, so I did.

The timeline:
21/10/2013 Application sent
14/12/2013 RC received



It should * exercise treaty right during divorce procedure ( for example working )
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Postby Nimitta » Sun Dec 15, 2013 4:46 pm

askmeplz82 wrote:It should * exercise treaty right during divorce procedure ( for example working )


You quoted the whole message. Which part does your comment refer to?
Mean what you say, say what you mean
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Postby Artur1 » Mon Dec 16, 2013 9:16 am

Hi Nimitta,

First of all, congratulations! :)

I'm awaiting my Decree Absolute and then I will be sending my application for RoR. My wife is self-employed too like in your case. Did you send business bank statement for your EEA partner too or was he using personal account for NI contributions and income deposits?

Many thanks
“Learn from yesterday, live for today, hope for tomorrow. The important thing is to not stop questioning.”
― Albert Einstein
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