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Hello all, I have just being refused a DRC as the primary career of a British child . I got married in march and my husband is self employed. He started the business in October. Please I am about making an application based on this and want to be clear about all the supporting documents needed. I want to get it right this time and want to make sure I provide all that is needed. I have being following the EEa2 time line trend and it seems that a lot of self employed applications seemed to be refused. Any successful applicant should please brief me on what to submit thank you all.

mikilo2008 wrote:Hello all, I have just being refused a DRC as the primary career of a British child . I got married in march and my husband is self employed. He started the business in October. Please I am about making an application based on this and want to be clear about all the supporting documents needed. I want to get it right this time and want to make sure I provide all that is needed. I have being following the EEa2 time line trend and it seems that a lot of self employed applications seemed to be refused. Any successful applicant should please brief me on what to submit thank you all.

heres a thought...

since your husband is Irish and has a right to live in the UK unrestricted... does that mean he doesnt need economic activity?... as his right to live in the UK doesnt come from work etc... or would that void the whole Directive 2004/38/EC ruling... - he has "technically" already obtained PR?

wiggsy wrote:

mikilo2008 wrote:Hello all, I have just being refused a DRC as the primary career of a British child . I got married in march and my husband is self employed. He started the business in October. Please I am about making an application based on this and want to be clear about all the supporting documents needed. I want to get it right this time and want to make sure I provide all that is needed. I have being following the EEa2 time line trend and it seems that a lot of self employed applications seemed to be refused. Any successful applicant should please brief me on what to submit thank you all.

heres a thought...

since your husband is Irish and has a right to live in the UK unrestricted... does that mean he doesnt need economic activity?... as his right to live in the UK doesnt come from work etc... or would that void the whole Directive
2004/38/EC ruling... - he has "technically" already obtained PR?

Do you mean he doesn't have to be employed to exercise his treaty rights. I dnt know much about these case laws. Wigsy thanks

wiggsy wrote:

mikilo2008 wrote:Hello all, I have just being refused a DRC as the primary career of a British child . I got married in march and my husband is self employed. He started the business in October. Please I am about making an application based on this and want to be clear about all the supporting documents needed. I want to get it right this time and want to make sure I provide all that is needed. I have being following the EEa2 time line trend and it seems that a lot of self employed applications seemed to be refused. Any successful applicant should please brief me on what to submit thank you all.

heres a thought...

since your husband is Irish and has a right to live in the UK unrestricted... does that mean he doesnt need economic activity?... as his right to live in the UK doesnt come from work etc... or would that void the whole Directive 2004/38/EC ruling... - he has "technically" already obtained PR?

He hasn't obtained PR as this is under the EEA regulations but he is considered settled and an application under the UK immigration rules can be made (paid application, proof of income, language requirements etc). It doesn't make much sense to apply under the UK immigration rules.

right, irish people can live in the uk unrestricted... they dont need to "excersise treaty rights" - this comes from the Common Travel Area" agreement between uk and ireland.

whether it would also allow you to live here should they not accept your spouse's self employment i dont know... - worth looking into though ? I dont believe there has been any case law (McCathy doesnt count, as she was ALSO british and hadnt excersised her treaty rights in any way)
...

but heres a question...

how much does your spouse earn from self employment... if its more than £71/week he is clearly in "genuine meaningful employment - as thats the figure used for Income Support ETC...

wiggsy wrote:right, irish people can live in the uk unrestricted... they dont need to "excersise treaty rights" - this comes from the Common Travel Area" agreement between uk and ireland.

whether it would also allow you to live here should they not accept your spouse's self employment i dont know... - worth looking into though ? I dont believe there has been any case law (McCathy doesnt count, as she was ALSO british and hadnt excersised her treaty rights in any way)
...

but heres a question...

how much does your spouse earn from self employment... if its more than £71/week he is clearly in "genuine meaningful employment - as thats the figure used for Income Support ETC...

Yes twice the amount around 150 or more

The success of an application under the EEA regulation is dependant on whether your spouse is a British Citizen aswell. If he is, success may be hindered.

You could apply, and on appeal all these area of potential qualification could be looked into.

[quote="Obie"]The success of an application under the EEA regulation is dependant on whether your spouse is a British Citizen aswell. If he is, success may be hindered.

You could apply, and on appeal all these area of potential qualification could be looked into.[/quote

No obie he is an Irish And a nigerian

mikilo2008 wrote:

wiggsy wrote:right, irish people can live in the uk unrestricted... they dont need to "excersise treaty rights" - this comes from the Common Travel Area" agreement between uk and ireland.

whether it would also allow you to live here should they not accept your spouse's self employment i dont know... - worth looking into though ? I dont believe there has been any case law (McCathy doesnt count, as she was ALSO british and hadnt excersised her treaty rights in any way)
...

but heres a question...

how much does your spouse earn from self employment... if its more than £71/week he is clearly in "genuine meaningful employment - as thats the figure used for Income Support ETC...

Yes twice the amount around 150 or more

well, i would say £150/week is more than genuine... i know i used to work for a co and earnt between 80 - 300 varying, the average across a month was about 200. so

As Jambo said immigration rules for irish the same as british, that wouldnt be worth trying *unless as a fall back...* (sorry jambo didnt see your post before, i think maybe crossposting )

as obie said,

perhaps you should write a covering letter and outline you are applying on both counts:
1) parent of dependant british child (which already failed but still)
2) spouse of a self employed eea national.

(your child with spouse isnt eu is he? )

theres no need to send so much evidence, as they will retain copies of your previous application.

ensure the covering letter emphasises that you want your passport returning ASAP too.

- additionally, remember: the five years to PR BEGAN on the date you married your spouse (or perhaps even sooner, if you can prove a genuine relationship sooner) just remember to keep all of those invoices etc - every detail possible... every receipt everything!!!