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PR refusal as self-employment income too low
Posted: Thu Mar 17, 2016 3:14 pm
by aliuk100
Hello
Just got a refusal latter on the basis of EEA family member's self employment is marginal and income is not sufficient.
Is there any information that if there is any limit that EEA family member has to show?
If the EEA Family member is on Employment support allowance (ESA) does it proof of exercising Treaty rights?
Any more information whether the appeal or new application would be a better option.
Thanks in advance
Re: EEA2 / FM-EFM Discussion thread
Posted: Thu Mar 17, 2016 4:37 pm
by kunfayakun
Petanque wrote:Hi All,
How long does it take to get your passport back (for EEA national and the applicant)? We have submitted the request for passports return last Wednesday, no news yet.
Also, did anyone travel in / out UK on a tourist visa whilst the RC application was under consideration?
Thank you!
I heard it takes about a week
Re: EEA2 / FM-EFM Discussion thread
Posted: Thu Mar 17, 2016 6:12 pm
by noajthan
aliuk100 wrote:Hello
Just got a refusal latter on the basis of EEA family member's self employment is marginal and income is not sufficient.
Is there any information that if there is any limit that EEA family member has to show?
If the EEA Family member is on Employment support allowance (ESA) does it proof of exercising Treaty rights?
Any more information whether the appeal or new application would be a better option.
Thanks in advance
HO applies its MET test.
No, claiming ESA is nothing to do with any proof of exercising treaty rights.
On what grounds do you think you can appeal?
Re: EEA2 / FM-EFM Discussion thread
Posted: Thu Mar 17, 2016 7:47 pm
by aliuk100
noajthan wrote:aliuk100 wrote:Hello
Just got a refusal latter on the basis of EEA family member's self employment is marginal and income is not sufficient.
Is there any information that if there is any limit that EEA family member has to show?
If the EEA Family member is on Employment support allowance (ESA) does it proof of exercising Treaty rights?
Any more information whether the appeal or new application would be a better option.
Thanks in advance
HO applies its MET test.
No, claiming ESA is nothing to do with any proof of exercising treaty rights.
On what grounds do you think you can appeal?
Thanks for your reply.
Can you please eleborate MET test, I google it didn't find any information.
EEA family member earning less then 600 a month, on which they said the earning doesn't enough (is there a minimum limit).
We are just thinking to do appeal by putting more evidences for self employment, but we do need some advise to go forward.
Thanks for your input.
Re: EEA2 / FM-EFM Discussion thread
Posted: Thu Mar 17, 2016 10:19 pm
by noajthan
aliuk100 wrote:Thanks for your reply.
Can you please eleborate MET test, I google it didn't find any information.
EEA family member earning less then 600 a month, on which they said the earning doesn't enough (is there a minimum limit).
We are just thinking to do appeal by putting more evidences for self employment, but we do need some advise to go forward.
Thanks for your input.
Seems like HO is applying the MET test and is failing you on that basis (earnings too low):
https://www.freemovement.org.uk/using-m ... ne-worker/
This approach is not in accordance with EU law.
Re: PR refusal as self-employment income too low
Posted: Thu Mar 17, 2016 10:29 pm
by noajthan
To avoid confusion & jumbled responses, I have moved your question to its own thread (this one)
Re: PR refusal as self-employment income too low
Posted: Fri Mar 18, 2016 11:39 am
by akz
Bro I have appealed with the same refusal reason and once I will get my PR will give you the indication that you can go for appeal. my case will be clear in a month time I hope.
ONE THING FOR SURE THAT IF I GOT PR THEN YOU MUST HAVE IT BECAUSE YOUR EARNING IS MORE THAN MY ONE
Regards
akz
Re: PR refusal as self-employment income too low
Posted: Sat Mar 19, 2016 10:34 am
by jay.ho
Can some one explain according to meet how much earning need in 2013/2014 and 2014/2015 please urgent help please
Thanks
Jay
Re: PR refusal as self-employment income too low
Posted: Sat Mar 19, 2016 10:55 am
by jay.ho
Aliuk100 and akz please need your help I am submitting my PR application soon and I don't want to be refuse .
So please if you both share a bit more that how much earning need to show in 2013/14 and 2014/15
I will wait for your reply
Thanks
Jay
Re: PR refusal as self-employment income too low
Posted: Sat Mar 19, 2016 2:39 pm
by noajthan
You just need to how work is genuine and effective.
Have you read the link above which shows how caseworker is likely to assess your case.
Re: PR refusal as self-employment income too low
Posted: Sat Mar 19, 2016 8:14 pm
by jay.ho
I seen already but how does its work when some one attached all evidence as a self employed . Like invoices , bills , advert, and all sopporting doc .
Re: PR refusal as self-employment income too low
Posted: Sat Mar 19, 2016 11:57 pm
by noajthan
jay.ho wrote:I seen already but how does its work when some one attached all evidence as a self employed . Like invoices , bills , advert, and all sopporting doc .
So you wait and see if caseworker accepts the evidence is adequate and has persuaded her you have genuine and effective self-employment.
Re: PR refusal as self-employment income too low
Posted: Sun Mar 20, 2016 6:35 pm
by aliuk100
We have sent 5 legal detailed contracts with different companies including (CAPITA, NHS) with invoices and detailed letter.
These documents proved that spouse is working around 60 hours @ £20/Ph per month.
Also the HO Case worker did mistake in calculating the bank statement and didn't take account of figures just because of the incoming is from the different name as some companies transfer amounts form some other name (e.g. parent company).
Now we are thinking should we put an new application, Reconsideration request or appeal. We are thinking to go through quickest route.
Thanks for reading and for any of your input.
Re: PR refusal as self-employment income too low
Posted: Sun Mar 20, 2016 6:38 pm
by aliuk100
jay.ho wrote:Aliuk100 and akz please need your help I am submitting my PR application soon and I don't want to be refuse .
So please if you both share a bit more that how much earning need to show in 2013/14 and 2014/15
I will wait for your reply
Thanks
Jay
Hi
Is your sponsor is self employed? any question you can ask will try to share what ever I know about this.
Btw nobody want to be get refused
Cheers
Re: PR refusal as self-employment income too low
Posted: Mon Mar 21, 2016 12:52 pm
by jay.ho
Ali what supporting doc you submit in your application ??
Re: PR refusal as self-employment income too low
Posted: Tue Nov 29, 2016 10:48 pm
by Naumankhan
aliuk100 wrote:Hello
Just got a refusal latter on the basis of EEA family member's self employment is marginal and income is not sufficient.
Is there any information that if there is any limit that EEA family member has to show?
If the EEA Family member is on Employment support allowance (ESA) does it proof of exercising Treaty rights?
Any more information whether the appeal or new application would be a better option.
Thanks in advance
Have you appealed?
Re: PR refusal as self-employment income too low
Posted: Tue Nov 29, 2016 10:53 pm
by Naumankhan
akz wrote:Bro I have appealed with the same refusal reason and once I will get my PR will give you the indication that you can go for appeal. my case will be clear in a month time I hope.
ONE THING FOR SURE THAT IF I GOT PR THEN YOU MUST HAVE IT BECAUSE YOUR EARNING IS MORE THAN MY ONE
Regards
akz
Hi AKZ
Did you go for Oral hearing or paper based? and did you use a solicitor to appeal? I need help. Thank you
Re: PR refusal as self-employment income too low
Posted: Wed Nov 30, 2016 1:10 am
by noajthan
Naumankhan wrote:Hi AKZ
Did you go for Oral hearing or paper based? and did you use a solicitor to appeal? I need help. Thank you
Yes member akz aced it in the end.
But this topic is not about member akz
See
http://www.immigrationboards.com/eea-ro ... l#p1398482