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EEA2, EU national self-employed,will this documents suffice

Posted: Wed Dec 17, 2014 12:37 am
by McFree
Our permanent resident card app was refused, and passport retained, as I didn't work 2 of 5 years and had no insurance.
So, my wife is applying for another EEA2 (temporary resident card 5 years).
Our situation:

1) Since September 2014, I (EEU citizen) have been worked self-employed, from home, all for the same company, can document 22h per week and an average 1,200 gross per month since starting
2) My wife (non EU) has been steadily employed with the same company for 3+ years at 27,000 gross per year
3) We have a 5 years son, lived all his life here but he is like me EEA

I am wondering if the following documents are enough to prove that I am exercising treaty right without having to go through the expense of an appeal, lawyer and so on.

I am sending them:
Bank statements since september as I am only paid via bank transfer,
Work schedule since August (printouts from company website , I started then but money first money only came in September)
Invoices for all the period, again from the company website, detailing number of hours and sums to be paid to me
Registration as self-employed with tax office (printout from HMRC website)

I am sending them after applying, as soon as available, with request to consider:
Proof of having paid National Insurance Tier 2 (until HMRC send me a reference code, I cannot pay)
Any paper documents I might receive from HMCR as soon as my registration goes through

I am UNABLE TO SEND:
Lease for business premises (I work from home)
Accountant letter (I don't have one right now, my accountancy is straightforward, not sure what they could write or do really, given the tax year has not ended yet)
Proof of Income taxes paid, as the tax year has not finished I didn't pay any
Proof of advertisement, whiile I could figure out other ways of earning as self-employed, in my current line of work advertising on newspapers makes no sense


Will this suffice or we are up for another nightmare?

Also, does the income mean anything for a temporary resident card application?
Is there a minimum?
Somebody told me for EEA2 they should consider my wife income too, to establish our ability to survive without public funds? (for permanent residence her income is irrelevant, she could be rich and wouldn't change a thing, I think)


Thanks so much for any reply.
This feels like a grim Xmas right now.

Re: EEA2, EU national self-employed,will this documents suf

Posted: Wed Dec 17, 2014 4:52 am
by dunca
You haven't got enough documents to support self employment application.


The key docs are -
proof of paid taxes and Ni
Docs showing genuine business( eg invoices, business adverts, proof of clients paying for services. which from your post u seem to have)

Think about this, How will u prove payment of NI and payment of taxes? It's better to wait till u have the complete docs.

I suggest you wait till u receive confirmation letter from HMRC confirming SE registration with ur UTR. avoid website printouts.

Since you haven't paid any tax yet due to starting business in in September . U can wait to see if there are due class 2 Ni to pay , pay that and then add the proof of payment.

It's better to wait till you have complete docs than rush your application in .

Re: EEA2, EU national self-employed,will this documents suf

Posted: Wed Dec 17, 2014 11:27 am
by McFree
Thanks so much for the advice!

My main problem is that we got out app for permanent residence refused as I didn't have insurance while not working for two of the 5 years.
So, the appeal deadline is just in a few days.
We are not going to for an appeal but still we were hoping to put another application within that deadline, so to show we are not being inactive .
Also, honestly, reapplying as soon as possible would make for a less depressed family atmosphere.

Self employement is one of two grounds we could apply, the other one being self sufficiency based on my wife's income and proof of insurance for all the family.
But even the latter, which we were leaving as second shot in case of refusal of self-emplyement, will take a few weeks to prepare, because at the moment the insurance is only covering me, so we need to extend it, which costs 1400, anothe reason for trying self-emplyement first.

So, they have no obbligation to take into account documents sent after the application, such as NI payment proof and official business registration?
What is our timescale to be able to pay NI class2, given I only registered as self-employed two days ago?
I am not applying for small earning certificate, so I was hoping to be able to pay for NI as soon as I get UTR.