EEA PR + self employment

[kaesteves]

Good afternoon,

I hope to find the answers for my problem here. I'm sorry if I can't explain very clearly.
I've had my non-EEA family member visa accepted in november providing all the documents they required but now I have the last part of my visa to apply when I am living here for 5 consecutive years.

Not a problem because I was self employed and could show that I am able to afford myself etc....but I just moved houses (living with my father in law for 1 year - to buy my own house) and I decided to not work here as a childminder like before, but to go work as self employed nanny whilst my son is at school.

The job I am going to do is for only 10 hours/ week and my earnings around £90.00 per week on term times..This is really just to keep me busy while my son is at school and keep doing my self assessments, paying my taxes, NI etc...until I buy my own house and be able to continue with my usual job as a childminder.

My question is: Is there a MINIMUM amount of earnings required for them to accept/ confirm my treaty rights ? Or it doesn't matter how much I'm earning (since I never had benefits and still pay my business bills)...once I will provide them again with all the paperwork, bank accounts statements etc that prove that we can afford our life here ? I never had any problems with my visas before because my sons are Italian and the little one english (english father)....

Just really want to know if doing this 10 hours job will help me to keep my self employment status or I shouldn't even bother ?

Thank you

[noajthan]

Good afternoon,

I hope to find the answers for my problem here. I'm sorry if I can't explain very clearly.
I've had my non-EEA family member visa accepted in november providing all the documents they required but now I have the last part of my visa to apply when I am living here for 5 consecutive years.

Not a problem because I was self employed and could show that I am able to afford myself etc....but I just moved houses (living with my father in law for 1 year - to buy my own house) and I decided to not work here as a childminder like before, but to go work as self employed nanny whilst my son is at school.

The job I am going to do is for only 10 hours/ week and my earnings around £90.00 per week on term times..This is really just to keep me busy while my son is at school and keep doing my self assessments, paying my taxes, NI etc...until I buy my own house and be able to continue with my usual job as a childminder.

My question is: Is there a MINIMUM amount of earnings required for them to accept/ confirm my treaty rights ? Or it doesn't matter how much I'm earning (since I never had benefits and still pay my business bills)...once I will provide them again with all the paperwork, bank accounts statements etc that prove that we can afford our life here ? I never had any problems with my visas before because my sons are Italian and the little one english (english father)....

Just really want to know if doing this 10 hours job will help me to keep my self employment status or I shouldn't even bother ?

Thank you

EU regulations do not specify a minimum number of working hours or a minimum wage/salary or turnover.
The requirement is to show the work is genuine & effective rather than marginal and ancillary (to some other activity).

However be aware that HO tends to play hardball.
Rather controversially (and without basis in EU law) HO is now applying its 'MET' test to determine if someone qualifies as 'self-employed'.

More details here:
https://www.freemovement.org.uk/using-m ... ne-worker/

In order to keep exercising treaty rights (& keep your PR clock running) an alternative option to consider (apart from working) may be self-sufficiency.
For this you would need to have CSI (health policy).

[kaesteves]

Dear noajthan,

thank you for your reply.

I wonder if it's gonna be easier, or let's say...less complicated, if I choose to get the CSI, rather than having to go the self employment way ?

Bear in mind that I am signing a contract with my employee, even just going to work 10 hours...and will still provide all my bank statements, ISA accounts, savings accounts etc ?!

I just want to be sure that I will not mess up with my last part of the way for silly options I made hehe

What is your best advise please ? I read the link about their new way of assessing self employment and I think I can be misinterpreted by working only 10 hours, when is all I can do because my son is only 3 years old yet and my partner is the bread winner (and we can afford it basically).

Thank you,

[akz]

Hi

I was appeared in my hearing in jan 2016 regarding my PR refusal (EEA self employment basis). The Judge hear both sides and told us that he will make decision in two weeks and post the decision to us.

This will clear the following points if we win,

1: Minimum income for self employed EEA national per week to be considered self employed
2: Minimum Hours of work per week to be considered self employed
3: Is maternity leave to be considered as valid time to to be considered for right to reside status.
4: Gaps between earning as there is always no guaranteed work in self employment work
5: effect of benefits in application for PR

Wish me good luck for good outcome.

Regards
akz

[noajthan]

Dear noajthan,
thank you for your reply.

I wonder if it's gonna be easier, or let's say...less complicated, if I choose to get the CSI, rather than having to go the self employment way ?

...

What is your best advise please ? I read the link about their new way of assessing self employment and I think I can be misinterpreted by working only 10 hours, when is all I can do because my son is only 3 years old yet and my partner is the bread winner (and we can afford it basically).

Thank you,

You can review the relevant HO guidance on qualified persons;
- it shows how HO assesses both self-employed & self-sufficient persons:
https://www.gov.uk/government/uploads/s ... _clean.pdf

If your self-employment risks being seen as 'marginal' (however valuable it may be to the community) then, yes, seeing if you qualify as 'self-sufficient' could be another way to exercise treaty rights.

Note CSI can't be back-dated (as it is a kind of insurance) - so that approach would only work moving forwards.

[Nimitta]

I've had my non-EEA family member visa accepted in november providing all the documents


My question is: Is there a MINIMUM amount of earnings required for them to accept/ confirm my treaty rights ?

As long as you are married (I assume you are) to a EU member who is exercising treaty rights, your earnings are irrelevant.

[noajthan]

@kaesteves, just checking - who is the EEA- national/sponsor in your family?