eea3 self employed and benefits

[monika82]

hi all
im polish nationality, living in UK over 10 yrs.
last 5.5 years been working as a self employed.
my husband is Egyptian. at the moment he is on his 5 years visa which is about to expire March 2016, so he will need to apply for PR.
He is working as self employed too, we share one business and split hours in between us(when I started working as self employed I worked 16h/week, then he join me for 8h/week.) At the moment I'm only working 8h/week and he 16/h as our child been diagnosed with delay(receiving DLA) and our child condition tkae lots of my time and attention.
Till present we have been claiming housing benefit, council tax, working and child t.c...oh and DLA.
now: should I make application eea3 on me (as main applicant) and just include him in it? if so, should I present his earnings too? Will fact that i'm only working 8h/weekly affect our application(whats our thought on it?)?
as far we have got: certified accounts made for me and for him since starting the company, whole company yearly balance of profit too for the 5 past years, my N.I.payments, his N.I. payments, 5 years tax assessments for me and 3 years of tax assessments for my husband, bank statements- they do show benefit money coming in:/, few invoices (3/4 for each year showing our expenses for the business- some r from Poland(written in polish, some in arabic- from Egypt- is there a point to enclose documents they wont understand as its not in English???) ), business cards.

and most important - benefits- we still claiming it and to be honest without them it would be hard to manage as we don't earn that much.
any advices welcomed pls

[noajthan]

hi all
im polish nationality, living in UK over 10 yrs.
last 5.5 years been working as a self employed.
my husband is Egyptian. at the moment he is on his 5 years visa which is about to expire March 2016, so he will need to apply for PR.

He is working as self employed too, we share one business and split hours in between us(when I started working as self employed I worked 16h/week, then he join me for 8h/week.) At the moment I'm only working 8h/week and he 16/h as our child been diagnosed with delay(receiving DLA) and our child condition tkae lots of my time and attention.

Till present we have been claiming housing benefit, council tax, working and child t.c...oh and DLA.
now: should I make application eea3 on me (as main applicant) and just include him in it? if so, should I present his earnings too? Will fact that i'm only working 8h/weekly affect our application(whats our thought on it?)?

as far we have got: certified accounts made for me and for him since starting the company, whole company yearly balance of profit too for the 5 past years, my N.I.payments, his N.I. payments, 5 years tax assessments for me and 3 years of tax assessments for my husband, bank statements- they do show benefit money coming in:/, few invoices (3/4 for each year showing our expenses for the business- some r from Poland(written in polish, some in arabic- from Egypt- is there a point to enclose documents they wont understand as its not in English???) ), business cards.

and most important - benefits- we still claiming it and to be honest without them it would be hard to manage as we don't earn that much.
any advices welcomed pls

Your husband is your dependent family member so his acquiring PR (& a 'confirmation of PR' card depends on you as the sponsor.
It means it depends on you exercising treaty rights (for example working or self-employed);
in terms of EU rules, it doesn't actually matter what husband has been doing.

So the main evidence has to be yours. Your husband applies but you are detailed as the sponsor.

Make sure all relevant supporting documents are in English (or have translations) so they can be understood; otherwise they risk being ignored and that may weaken your case.

Benefits should be ok as they are means tested and you are a qualified person.

There's no official minimum or maximum specified for hours of work but you have to show the work is 'genuine & effective' and not 'marginal'.

Some HO guidance on 'qualified persons' may help you, see:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 18+

[monika82]

thank you for reply.
i have on emore question. does my husband need to fill up biometric pages too on our eea3 form. mind im polish, he's egytian on his 5 years eea family member visa.

[noajthan]

thank you for reply.
i have one more question. does my husband need to fill up biometric pages too on our eea3 form. mind im polish, he's egyptian on his 5 years eea family member visa.

My understanding is that non-EEA nationals have to submit biometrics - so yes.

[CR001]

@noajthan - do self employed EU citizens also require CSI to be a qualifying person?

[monika82]

thank you for reply.
i have one more question. does my husband need to fill up biometric pages too on our eea3 form. mind im polish, he's egyptian on his 5 years eea family member visa.

My understanding is that non-EEA nationals have to submit biometrics - so yes.

thank you for reply. sorry foe being a pain but im a bit confused about where should i add my hubby to the form. section 1a and 1b r for me. then in 1c-family members included in your application- i will add my husband and tick permanent residence card (non-EEAnational). but then, section 2 ''your sponsor'' is black magic for me...do i fill info about me as his (hubby) sponson or leave blank?

[noajthan]

@noajthan - do self employed EU citizens also require CSI to be a qualifying person?

No CR001, in terms of treaty rights, CSI is only required for students & self-sufficient persons.

I think the rationale is that, as tax-payers, economically=active self-employed persons are not an undue/unreasonable burden on the state's social support systems.

[noajthan]

thank you for reply. sorry foe being a pain but im a bit confused about where should i add my hubby to the form. section 1a and 1b r for me. then in 1c-family members included in your application- i will add my husband and tick permanent residence card (non-EEAnational). but then, section 2 ''your sponsor'' is black magic for me...do i fill info about me as his (hubby) sponson or leave blank?

If the PR card is for husband (only) then he should apply, as mentioned above: Your husband applies but you are detailed as the sponsor.
So husband fills in 1a) & 1b) & you, as the sponsor, are detailed in 2)

BUT if both of you are applying for confirmation of PR then you will go in 1a) & 1b).
Hubby in 1 c)
In this scenario, no need for 2) as you don't have a sponsor for you.

Suggest printing off a few practice copies (of relevant sections) of the form and see how it shapes up.

[monika82]

thank you for reply. sorry foe being a pain but im a bit confused about where should i add my hubby to the form. section 1a and 1b r for me. then in 1c-family members included in your application- i will add my husband and tick permanent residence card (non-EEAnational). but then, section 2 ''your sponsor'' is black magic for me...do i fill info about me as his (hubby) sponson or leave blank?

If the PR card is for husband (only) then he should apply, as mentioned above: Your husband applies but you are detailed as the sponsor.
So husband fills in 1a) & 1b) & you, as the sponsor, are detailed in 2)

BUT if both of you are applying for confirmation of PR then you will go in 1a) & 1b).
Hubby in 1 c)
In this scenario, no need for 2) as you don't have a sponsor for you.

Suggest printing off a few practice copies (of relevant sections) of the form and see how it shapes up.

hello, me again
so i'm at section 5 now. and struggling again. i have printed two copies of this section: one for me , one for my husband.
While filling section 5 on my husband name in point 5.5 i have marked my husband as holder of Residence card( he have "Residence Card of a family member of an EEA national). But then in point 5.6 ("were any of the above documents issued to you on the basic that you are, or were, the family member or extended family member of the sponsor named in section 2") i don't know should i tick yes or no? i have left section 2 empty as you said I don't have a sponsor.