PR refused, self employed, low income, DLA

Monika1982 · Post by **Monika1982** » Wed Aug 17, 2016 9:10 pm

Hi all
I'm polish nation married to egyptian. We have applied for join application for PR. I have came to uk 2005. Worked till 2008 and from 2010 become self employed. In 2012 have a second child who have severe autism and receiving DLA on him. My husband share our self employed company. Where I work 8 h a week and he 16 hours a week. Plus we claim working a tax and child tax. As our child have special needs and still isn't in age of school (now we writing education health care plan to be able to apply for special school for him) I need to be most of the time with him. We applied in ferbruary 2016 and today we got refusal as my self employment is marginal and I'm on too low income. We have 14 days to apples. Hubby decision said same reason (my-sponsor self employment income is too low) plus he according to letter need to leave the country.
Now we want to appeal on the ground that our company is shared one by me and my husband we make together 24h a week as me myself am unable to work having disabled child.
Is it valid reason of appeal??

Noetic · Post by **Noetic** » Wed Aug 17, 2016 9:23 pm

Since you aren't exercising treaty rights as your activity is marginal technically you aren't even here legally.

noajthan · Post by **noajthan** » Wed Aug 17, 2016 9:30 pm

Monika1982 wrote:Hi all
I'm polish nation married to egyptian. We have applied for join application for PR. I have came to uk 2005. Worked till 2008 and from 2010 become self employed. In 2012 have a second child who have severe autism and receiving DLA on him. My husband share our self employed company. Where I work 8 h a week and he 16 hours a week. Plus we claim working a tax and child tax. As our child have special needs and still isn't in age of school (now we writing education health care plan to be able to apply for special school for him) I need to be most of the time with him. We applied in ferbruary 2016 and today we got refusal as my self employment is marginal and I'm on too low income. We have 14 days to apples. Hubby decision said same reason (my-sponsor self employment income is too low) plus he according to letter need to leave the country.
Now we want to appeal on the ground that our company is shared one by me and my husband we make together 24h a week as me myself am unable to work having disabled child.
Is it valid reason of appeal??

As you are the Union citizen you have to be the qualified person. Your husband's activity in UK is immaterial.

Do you have (or have you had) CSI in place? If so, since when

The fact you receive DLA as a carer may help. How much time do you spend caring for your child?
You will probably need professional help to make a case based on being a carer and in receipt of DLA.
See this guidance from Aire Centre:
http://www.airecentre.org/data/files/re ... s-2014.pdf

Suggest contact Aire Centre to see if they can advise or assist you in some way.

You also said you worked 2005-2008.
That's a good start as long as registered fully and properly for WRS. Were you

And what did you do from 2008-2010

asp · Post by **asp** » Wed Aug 17, 2016 9:34 pm

It is not a good enough reason to succeed.

I can understand you doing only a few hours with the childcare burden, but why is your husband only doing 16hrs? If he was doing a full week's work and earning enough to support the family you could claim to be exercising Treaty Rights as a self sufficient person (living on his income).

As it stands you aren't a real worker and his few hours can't help either of you. It looks like a hobby company rather than real work.

Monika1982 · Post by **Monika1982** » Wed Aug 17, 2016 9:36 pm

Hmmm...
He is working self employed and studying homepathic medicine as the same time therefore unceasing hours wasn't possible.
Isn't a qualified person eligible for support as working tax credit? Or isn't a person recognised as qualified when paying Natuonal insuarance cont.2?
They written as a reason for refusal that my income is supplemented by public funds..but that I'm not required to leave country as I'm Eea national. So no I'm not illegal here.

Casa · Post by **Casa** » Wed Aug 17, 2016 9:38 pm

asp wrote:It is not a good enough reason to succeed.

I can understand you doing only a few hours with the childcare burden, but why is your husband only doing 16hrs? If he was doing a full week's work and earning enough to support the family you could claim to be exercising Treaty Rights as a self sufficient person (living on his income).

As it stands you aren't a real worker and his few hours can't help either of you. It looks like a hobby company rather than real work.

Do bear in mind however that relying on your husband's income and qualifying as self-sufficient would require you to have Comprehensive Sickness Insurance (CSI).
I believe that the Minimum Earnings Test (MET) is currently set at £150 per week.

noajthan · Post by **noajthan** » Wed Aug 17, 2016 9:43 pm

noajthan wrote:As you are the Union citizen you have to be the qualified person. Your husband's activity in UK is immaterial.

Do you have (or have you had) CSI in place? If so, since when

The fact you receive DLA as a carer may help. How much time do you spend caring for your child?
You will probably need professional help to make a case based on being a carer and in receipt of DLA.
See this guidance from Aire Centre:
http://www.airecentre.org/data/files/re ... s-2014.pdf

Suggest contact Aire Centre to see if they can advise or assist you in some way.

You also said you worked 2005-2008.
That's a good start as long as registered fully and properly for WRS. Were you

And what did you do from 2008-2010

Monika1982 · Post by **Monika1982** » Wed Aug 17, 2016 9:55 pm

noajthan wrote:
noajthan wrote:As you are the Union citizen you have to be the qualified person. Your husband's activity in UK is immaterial.

Do you have (or have you had) CSI in place? If so, since when

The fact you receive DLA as a carer may help. How much time do you spend caring for your child?
You will probably need professional help to make a case based on being a carer and in receipt of DLA.
See this guidance from Aire Centre:
http://www.airecentre.org/data/files/re ... s-2014.pdf

Suggest contact Aire Centre to see if they can advise or assist you in some way.

You also said you worked 2005-2008.
That's a good start as long as registered fully and properly for WRS. Were you

And what did you do from 2008-2010

So we don't have private medical insurance atm. I only had it once for a year between 2008 and 2009.
Thank you for Aire Center link. Unfortunately I don't claim CA.
As my local city council said that amount I would receive would be same as deduction from housing benefit and it's not worth it. So I never claim it.

Yes some 2p05 arrival I have registered by WRS and have sent with application my card and certificates.
2008 July I met my future husband and next month got married. Then month after got pregnant which was high risk pregnancy and been in bed all 9 months. Then 2009 July had a 1st child and so was stay at home not working mum.

noajthan · Post by **noajthan** » Wed Aug 17, 2016 10:00 pm

Monika1982 wrote:So we don't have private medical insurance atm. I only had it once for a year between 2008 and 2009.
Thank you for Aire Center link. Unfortunately I don't claim CA.
As my local city council said that amount I would receive would be same as deduction from housing benefit and it's not worth it. So I never claim it.

Yes some 2p05 arrival I have registered by WRS and have sent with application my card and certificates.
2008 July I met my future husband and next month got married. Then month after got pregnant which was high risk pregnancy and been in bed all 9 months. Then 2009 July had a 1st child and so was stay at home not working mum.

So if working from 2005 and then on maternity leave (2008+ ?) its possible you retained worker status from sometime in 2008-2009.
You also had CSI in that period which also helps.

If you were a qp in 2010 then you have probably smashed it (potential qualifying period of 2005-2010 for you at least).
What did you do in 2010?

Otherwise, you will notice the Aire Centre briefing document discusses DLA too. it may still be worth getting in touch.

Richard W · Post by **Richard W** » Thu Aug 18, 2016 2:23 am

Monika1982 wrote:They written as a reason for refusal that my income is supplemented by public funds..but that I'm not required to leave country as I'm Eea national. So no I'm not illegal here.

That looks a dubious line of reasoning. Did they say which regulation permitted you to be here, or did they merely say they weren't going to remove you?

However, if you were a 'worker' (in a strict sense) when your first child was born, then you and your husband have a derivative right or residence. It's not good enough to acquire permanent residence, but it would be enough for your husband to get an RC, get a proper job, make you 'self-sufficient', and restart your PR clocks. The self-employed work would also suffice if he could earn enough through it, and is likely not to require an RC as the first step. Brexit may be a problem, but you can deal with that problem if it arises. The right is under Regulation 15A of the EEA Regulations. The logic goes as follows:

Your eldest is the child of an EEA national.
The child resided in the UK at the same time as you did as a worker. This is the weakest point of the argument. It's also conceivable that a worker on maternity leave does not count as a worker for this regulation. A sick or unemployed worker does not count as a worker. When did you formally leave employment as a result of the pregnancy?
Your eldest is in school in the UK (assumption).
You and your husband are your eldest child's primary carers, and the child could not stay in the UK if you were both to leave the UK.
Neither of you has right of abode, indefinite leave to remain, is 'exempt' from the Immigration Act 1971, or has any other right to remain under the EEA Regulations. (This is my reason for the question about what right you had to remain in the UK?)

noajthan · Post by **noajthan** » Fri Aug 19, 2016 2:00 pm

This topic is not a 'debate' on Union citizens claiming benefits.

Kindly keep on topic and address matter in hand for OP: PR refused, self employed, low income, DLA

Petaltop · Post by **Petaltop** » Fri Aug 19, 2016 2:07 pm

noajthan wrote:This topic is not a 'debate' on Union citizens claiming benefits.

Kindly keep on topic and address matter in hand for OP: PR refused, self employed, low income, DLA

Can you move them to the benefits board please? It's not just union citizens who will get a shock when they go onto Universal Credit, if they are used to the lax and generous benefits rules of Tax Credits.

The OP may find she receives a letter about the overpayment of benefits. If she wasn't a worker of self employed qualified person, then she couldn't claim benefits from the UK.

If she is planning on exercising her right to reside in the UK under free movment by being a being self employed (and can therefore meet the MET that EU citizens need to meet) so that she can claim benefits, then she needs to be aware of the benefit reductions she will have, as mentioned in her thread. There is no transitional protection of benefits for self employed. Under Universal Credit, it is called the MIT (Minimum Income Threashold) and the self employed will have their UC claim based on their MIT, even if they don't earn that amount.

noajthan · Post by **noajthan** » Fri Aug 19, 2016 2:10 pm

The academic debate has already been moved out here:
http://www.immigrationboards.com/eea-ro ... 15050.html

noajthan · Post by **noajthan** » Fri Aug 19, 2016 2:32 pm

This topic is PR refused, self employed, low income, DLA only

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