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Court appeal

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

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Zerubbabel
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Re: Eea refusal

Post by Zerubbabel » Mon Mar 29, 2021 12:07 pm

The question is not to demonstrate she was doing business but exercising Treaty Rights. It's not the same thing. The easiest way to prove that is to provide:

- Tax returns for the company
- Your sister's tax returns

If your sister doesn't receive a salary from the company through PAYE but works under self-employed status, then add CSI for her.

You need to show these proofs for the period you are relying upon as dependent.

Hamza547
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Re: Eea refusal

Post by Hamza547 » Wed Mar 31, 2021 12:27 pm

Is there a minimum threshold for tax returns zerub?

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Re: Eea refusal

Post by Hamza547 » Tue Apr 06, 2021 8:29 pm

Yes she does receive and the payment method for the pay she receives is cash method

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Re: Eea refusal

Post by Hamza547 » Tue Apr 06, 2021 9:32 pm

Tax returns for the company is over 10000£ last year have got bank statement too

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Eea refusal

Post by Hamza547 » Sat May 01, 2021 10:19 pm

Hi need to know about eu excersing treaty rights for eea family permit. I'm a household member of eu national. Sponsor is self employed and have got self assessment tax returns, invoices accountant's letter aswell as business premises agreement. Would that be enough to prove sponsor is excersing treaty rights? Even tho the income is not that great due to covid but I'm already a household member.Thanks please reply. Would be very helpful.

seekingadvice87
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Re: Eea refusal

Post by seekingadvice87 » Sun May 02, 2021 8:26 am

Hamza547 wrote:
Sat May 01, 2021 10:19 pm
Hi need to know about eu excersing treaty rights for eea family permit. I'm a household member of eu national. Sponsor is self employed and have got self assessment tax returns, invoices accountant's letter aswell as business premises agreement. Would that be enough to prove sponsor is excersing treaty rights? Even tho the income is not that great due to covid but I'm already a household member.Thanks please reply. Would be very helpful.
Are you applying for a fresh new EEA family permit from outside the UK? You said you’re household member already. EEA family permit is only for applying from outside UK

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Re: Eea refusal

Post by Hamza547 » Sun May 02, 2021 9:08 am

Hi no appealing within the uk for eea family permit as it was refused over sponsors treaty rights.

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Re: Eea refusal

Post by Hamza547 » Sun May 02, 2021 11:42 am

seekingadvice87 wrote:
Sun May 02, 2021 8:26 am
Hamza547 wrote:
Sat May 01, 2021 10:19 pm
Hi need to know about eu excersing treaty rights for eea family permit. I'm a household member of eu national. Sponsor is self employed and have got self assessment tax returns, invoices accountant's letter aswell as business premises agreement. Would that be enough to prove sponsor is excersing treaty rights? Even tho the income is not that great due to covid but I'm already a household member.Thanks please reply. Would be very helpful.
Are you applying for a fresh new EEA family permit from outside the UK? You said you’re household member already. EEA family permit is only for applying from outside UK
Appealing against eea residence card within the uk. It was refused over sponsors adequate proof of excersing treaty rights

seekingadvice87
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Re: Eea refusal

Post by seekingadvice87 » Mon May 03, 2021 8:00 am

Hamza547 wrote:
Sun May 02, 2021 11:42 am
seekingadvice87 wrote:
Sun May 02, 2021 8:26 am
Hamza547 wrote:
Sat May 01, 2021 10:19 pm
Hi need to know about eu excersing treaty rights for eea family permit. I'm a household member of eu national. Sponsor is self employed and have got self assessment tax returns, invoices accountant's letter aswell as business premises agreement. Would that be enough to prove sponsor is excersing treaty rights? Even tho the income is not that great due to covid but I'm already a household member.Thanks please reply. Would be very helpful.
Are you applying for a fresh new EEA family permit from outside the UK? You said you’re household member already. EEA family permit is only for applying from outside UK
Appealing against eea residence card within the uk. It was refused over sponsors adequate proof of excersing treaty rights

If you were refused on exercising treaty rights then provide as much proof as you can relating to the activities your EU sponsor was up to during the period before you applied.

Provide as much evidence as possible on ALL THE POINTS LISTED by the Home Office where you were refused.

Hamza547
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Re: Eea refusal

Post by Hamza547 » Mon May 03, 2021 6:52 pm

Yes but wanted to know if there is a minimum yearly tax return amount to qualify for treaty rights?

secret.simon
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Re: Eea refusal

Post by secret.simon » Mon May 03, 2021 7:52 pm

The Home Office expects an earning of enough to at least trigger NI contributions, in effect the Primary Threshold for employees.

It used to be ~£162, but has gone up to ~184 a week.

Essentially the test the Home Office would likely apply is, did your sponsor sister earn enough to pay National Insurance contributions on her income?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hamza547
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Re: Eea refusal

Post by Hamza547 » Mon May 03, 2021 10:44 pm

secret.simon wrote:
Mon May 03, 2021 7:52 pm
The Home Office expects an earning of enough to at least trigger NI contributions, in effect the Primary Threshold for employees.

It used to be ~£162, but has gone up to ~184 a week.

Essentially the test the Home Office would likely apply is, did your sponsor sister earn enough to pay National Insurance contributions on her income?
Okay thanks but that link is for employes. My sponsor is self employed and i recently received the acknowledgement letter from the court for the appeal now would the home office ask for the applicant bundle or do I've to upload myself the additional documents in the appeal for the refusal? Thanks

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Re: Eea refusal

Post by Hamza547 » Mon May 03, 2021 10:53 pm

secret.simon wrote:
Mon May 03, 2021 7:52 pm
The Home Office expects an earning of enough to at least trigger NI contributions, in effect the Primary Threshold for employees.

It used to be ~£162, but has gone up to ~184 a week.

Essentially the test the Home Office would likely apply is, did your sponsor sister earn enough to pay National Insurance contributions on her income?
Sponsors last year gross profit was over 24000£ deducting

secret.simon
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Re: Eea refusal

Post by secret.simon » Tue May 04, 2021 1:47 am

secret.simon wrote:
Mon May 03, 2021 7:52 pm
Essentially the test the Home Office would likely apply is, did your sponsor sister earn enough to pay National Insurance contributions on her income?
This test would apply for the self-employed as well; did your sponsor earn enough to trigger National Insurance contributions?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hamza547
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Court appeal

Post by Hamza547 » Mon May 17, 2021 1:12 pm

The respondent has been directed to:

The following are the directions of Tribunal Caseworker Everiss:

The respondent having failed to comply with the directions issued by the Tribunal on 15 April 2021, and having failed to file a reasoned application for an extension of time;

1) By not later than 14 days of the date of these directions the respondent shall upload an electronic bundle of documents onto MyHMCTS.

2) At the same time the respondent must also make an application to admit the bundle late.

Should the respondent fail to comply with the directions, the Tribunal may decide to list an oral case management review to consider whether to make an order pursuant to rule 9 of the Tribunal’s Procedure Rules 2014.

by 14 May 2021

Next steps
The case will be updated when the Home Office has responded to the direction.

I received this email. Is it positive for me?

UsernameTaken
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Re: Eea refusal

Post by UsernameTaken » Thu May 20, 2021 11:35 am

Hamza547 wrote:
Mon May 03, 2021 10:53 pm
secret.simon wrote:
Mon May 03, 2021 7:52 pm
The Home Office expects an earning of enough to at least trigger NI contributions, in effect the Primary Threshold for employees.

It used to be ~£162, but has gone up to ~184 a week.

Essentially the test the Home Office would likely apply is, did your sponsor sister earn enough to pay National Insurance contributions on her income?
Sponsors last year gross profit was over 24000£ deducting
  • Your sister isn't self-employed, she is a director and employee of a LTD company.
  • £24k company profit doesn't mean she was paid £24k, you need to confirm how much she paid herself and if it is below the NI threshold (very common to pay under the threshold when running a LTD).

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Re: Eea refusal

Post by Hamza547 » Thu May 20, 2021 10:15 pm

UsernameTaken wrote:
Thu May 20, 2021 11:35 am
Hamza547 wrote:
Mon May 03, 2021 10:53 pm
secret.simon wrote:
Mon May 03, 2021 7:52 pm
The Home Office expects an earning of enough to at least trigger NI contributions, in effect the Primary Threshold for employees.

It used to be ~£162, but has gone up to ~184 a week.

Essentially the test the Home Office would likely apply is, did your sponsor sister earn enough to pay National Insurance contributions on her income?
Sponsors last year gross profit was over 24000£ deducting
  • Your sister isn't self-employed, she is a director and employee of a LTD company.
  • £24k company profit doesn't mean she was paid £24k, you need to confirm how much she paid herself and if it is below the NI threshold (very common to pay under the threshold when running a LTD).
Okay she's a director aswell as 100% shareholder

UsernameTaken
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Re: Court appeal

Post by UsernameTaken » Fri May 21, 2021 8:16 am

Yes her pay will be taken out as dividends (no NIN/only dividends tax) and her accountant would normally advice her to also be listed as an employee so she can get PAYE cheque every month, though this may be under the NIN threshold.
  • If she was just taking out dividends, then she wasnt paying NIN and should have taken out her own insurance.
  • If she was taking dividends and PAYE each month, she needs to ensure she was within the threshold to pay NIN.

Source: I have run a LTD for 10 years.

Hamza547
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Re: Court appeal

Post by Hamza547 » Fri May 21, 2021 10:47 am

Shes a director too and take money aswell and the payment method is cash

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Re: Court appeal

Post by Hamza547 » Fri May 21, 2021 10:52 am

UsernameTaken wrote:
Fri May 21, 2021 8:16 am
Yes her pay will be taken out as dividends (no NIN/only dividends tax) and her accountant would normally advice her to also be listed as an employee so she can get PAYE cheque every month, though this may be under the NIN threshold.
  • If she was just taking out dividends, then she wasnt paying NIN and should have taken out her own insurance.
  • If she was taking dividends and PAYE each month, she needs to ensure she was within the threshold to pay NIN.

Source: I have run a LTD for 10 years

Idk much how her accountant handle everything but she told me she has got the payslips too a director of the company and the payment method is cash

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Re: Court appeal

Post by Hamza547 » Fri May 21, 2021 5:45 pm

Could you please tell me what rule 9 2014 immigration tribunal is in respect to costs? Trinunal asked home office to sumbit their bundle couple of times but they failed to do so now court is saying they'd give a decision according to rule 9 2014 in respect to costs. I'm the applicant is it positive? Please reply thanks

secret.simon
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Re: Court appeal

Post by secret.simon » Fri May 21, 2021 7:50 pm

Probably the first link in Google search when you search for "rule 9 immigration tribunal costs".

Rule 9 of the The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hamza547
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Re: Court appeal

Post by Hamza547 » Fri May 21, 2021 10:31 pm

secret.simon wrote:
Fri May 21, 2021 7:50 pm
Probably the first link in Google search when you search for "rule 9 immigration tribunal costs".

Rule 9 of the The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
Hi yes i did Google it already but was not sure what it as there are two different rule 9 parts. Email i received from tribunal explained if home office fail to send a representative for a case management hearing then the court will give decision according to rule 9 in respect to cost only so I was not sure if this would mean judge would give decision in my favour or just to cover the cost for applying.

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Re: Court appeal

Post by Hamza547 » Fri Jul 16, 2021 2:57 pm

Hi everyone had my appeal successful. Home office withdraw the appeal and informed the court about it before the hearing. Now need some help here. I'm an extended family member of eu national. I'm in the uk and had appealed against eea residence card which finally got accepted. Now worried what status would i get as to apply for euss last deadline was 30th June 2021. I'm worried as what I'd get. I checked uk gov site regarding eea residence card and it states they're no more valid so idk if I'd be able to get pre settled status or not. Please help thanks

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Re: Court appeal

Post by Hamza547 » Wed Jul 21, 2021 4:19 pm

Please reply

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