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Self employed as a qualified person

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

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dopingdensity
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Self employed as a qualified person

Post by dopingdensity » Thu Jan 12, 2017 11:55 pm

Dear All,

I will be applying for a residence card this May and I have recently left my full time job and started a business. However, my business is currently making a loss. I wonder if I can still remain as a qualified person by having a self-employed status.?

I have read through the guidance notes and it seems that being self-employed your business does not have to make profit.

Thank you all.

noajthan
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Location: UK

Re: Self employed as a qualified person

Post by noajthan » Fri Jan 13, 2017 9:18 am

dopingdensity wrote:Dear All,

I will be applying for a residence card this May and I have recently left my full time job and started a business. However, my business is currently making a loss. I wonder if I can still remain as a qualified person by having a self-employed status.?

I have read through the guidance notes and it seems that being self-employed your business does not have to make profit.

Thank you all.
No income specified in EU law.
Work has to be genuine and effective - not supplementary and marginal.
So 'hobby businesses' are out.

And then, above and beyond cleaner, purer EU law, HO applies its MET (test).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

dopingdensity
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Joined: Thu Jan 12, 2017 11:48 pm

Re: Self employed as a qualified person

Post by dopingdensity » Fri Jan 13, 2017 10:57 am

Thank you for your reply.

I am now trading stocks daily for my living. But I struggle to make consistent profit. One month may be in profit and some month in loss. This is very similar to running a high street business.

Can I still say I am self employed even if I am in a loss ?

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

Re: Self employed as a qualified person

Post by noajthan » Fri Jan 13, 2017 11:05 am

dopingdensity wrote:Thank you for your reply.

I am now trading stocks daily for my living. But I struggle to make consistent profit. One month may be in profit and some month in loss. This is very similar to running a high street business.

Can I still say I am self employed even if I am in a loss ?
It seems doubtful HO caseworker would agree you are a selfemployed qualified person if you have zero or negative income.
You may have a chance as a 'selfsufficient' person instread; for which you would need CSI in place.

Get up to speed on how she will assess and weigh up your case 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.

dopingdensity
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Joined: Thu Jan 12, 2017 11:48 pm

Self Sufficient Qualified Person condition

Post by dopingdensity » Sun Jan 15, 2017 12:30 am

Dear All,

I will be apply for a EEA PR in May, but I left my full time job voluntarily recently and I have just started a business. However, my business is currently not making profit. So, I think that the time between May and now I cannot claim myself as self-employed. As a result, I will be claiming myself as a qualified person by using the condition of self-sufficient.

I am currently having some income source around 1000pounds and it is enough to cover my outgoings of 900pounds, but my account has been overdrawn for 2 months. would the casework still accept me as a qualified person?

Thank you.

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

Re: Self employed as a qualified person

Post by noajthan » Sun Jan 15, 2017 12:33 am

Posts merged.
No need for multiple posts.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Posts: 14911
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Location: UK

Re: Self employed as a qualified person

Post by noajthan » Sun Jan 15, 2017 12:35 am

One requirement is that you need CSI to be categorised as a selfsufficient qualified person.
Have you had CSI in place (since last May)?

if not (and if you are not a selfemployed qualified person) then your PR clock will have stopped and reset to zero.
Suggest get CSI to regularise your position in UK asap.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

dopingdensity
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self-sufficent

Post by dopingdensity » Sun Jan 15, 2017 11:54 am

Dear All,

I will be applying for residence card in May, but I am not sure if I am able to meet the requirement of self-sufficient.

I have a money coming into my bank account 1000pounds every month and my outgoing is around 800-900pounds per month, but my bank account balance ended up overdrawn for around 40pounds one month.

Am I still able to meet the qualified person requirement.

Thanks.

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Casa
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Re: self-sufficent

Post by Casa » Sun Jan 15, 2017 11:58 am

Are you employed or self-employed :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

dopingdensity
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Re: Self employed as a qualified person

Post by dopingdensity » Sun Jan 15, 2017 12:00 pm

if have a CSI, my bank account balance finished in overdrawn status one or two months before because of some unexpected outgoing.

am I still able to meet the self sufficient ?

noajthan
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Posts: 14911
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Location: UK

Re: Self employed as a qualified person

Post by noajthan » Sun Jan 15, 2017 12:08 pm

dopingdensity wrote:if have a CSI, my bank account balance finished in overdrawn status one or two months before because of some unexpected outgoing.

am I still able to meet the self sufficient ?
Unlikely as no obvious means of selfsufficiency.
Read the linked document above.

CSI can't be backdated - so do you have it?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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

Re: Self employed as a qualified person

Post by noajthan » Sun Jan 15, 2017 12:09 pm

Posts merged.
No need for multiple posts.

All these questions are variations of one theme - your case.
Kindly stick to this topic.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

dopingdensity
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Joined: Thu Jan 12, 2017 11:48 pm

Re: Self employed as a qualified person

Post by dopingdensity » Sun Jan 15, 2017 12:10 pm

I am not employed but I have a support coming from parents. As I left my full time jobs (employed for 9 months after education). I then went to start a business ( stock trading), but I struggle to make consistent profit.

am I still able to meet the self-sufficient requirement if my bank account balance has been in overdrawn for one month ( only ended up overdrawn, it was not overdrawn most of the days). ( around 1000pounds support from parents, outgoing of 800pounds).

or am I still able to claim myself as self-employed because a business does not have to be making profit. A lot of firms make a loss.

Thanks.

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

Re: Self employed as a qualified person

Post by noajthan » Sun Jan 15, 2017 12:14 pm

You are plucking at straws.
Do you have a demonstrable 'business'? With rock-solid supporting evidence to back it up?

You are welcome to make a loss if you are on a UK domestic Tier 1 visa - but you are on the EU migration route instead.

As already explained, hobby businesses are not acceptable because work is supplementary and marginal rather than being genuine and effective.
Read the HO guidance to understand what that means.
And that is before HO caseworker applies the MET to you.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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