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Register in UK as a self-employed EEA while still in Europe?
Posted: Wed Jul 06, 2016 7:20 pm
by GermanGuy123
Hi,
I'm a German university student and wanted to move to the UK in 2 years time and this Brexit thing has got me a bit worried.
I have a close friend and a sibling who already live in England. Can I register as ''living with them'' while self-employed while I finish my studies in Germany (2 yrs). This way I can bypass possible harsh restrictions on future EU migration.
Is this even possible?
Kind Regards
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:22 pm
by Casa
No it isn't.
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:23 pm
by GermanGuy123
Casa wrote:No you can't.
Why not? What exactly makes this plan not work?
How can they know I don't live there?
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:34 pm
by Casa
So what 'work' to you intend to claim to be doing in the UK, paying annual UK taxes on the self-employment while you're living and studying in Germany?
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:36 pm
by GermanGuy123
Casa wrote:So what 'work' to you intend to claim to be doing in the UK, paying annual UK taxes on the self-employment while you're living and studying in Germany?
Does it even matter?
I won't be claiming any benefits.
What matters is that I got a NINO number and was already registered as living in the UK before a possible EEA shutdown.
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:42 pm
by Casa
Of course it matters. When you submit your PR application after 5 years, you'll have to provide documented proof of how you've been exercising your Treaty rights throughout the full qualifying period. A NINO will be nowhere sufficient evidence.
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:46 pm
by GermanGuy123
Casa wrote:Of course it matters. When you submit your PR application after 5 years, you'll have to provide documented proof of how you've been exercising your Treaty rights throughout the full qualifying period. A NINO will be nowhere sufficient evidence.
Well, in 2 years time I will be
actually living in the UK, just not now. It's not like I will be a phantom citizen for the whole time. Only for a brief period.
I don't think they will be able to deny me worker's rights in the UK if I start working with my nino number in 2 years time. Restrictions will most likely only be applied to ''fresh'' Europeans who are coming in post-article 50.
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:51 pm
by Casa
GermanGuy123 wrote:Casa wrote:Of course it matters. When you submit your PR application after 5 years, you'll have to provide documented proof of how you've been exercising your Treaty rights throughout the full qualifying period. A NINO will be nowhere sufficient evidence.
Well, in 2 years time I will be
actually living in the UK, just not now. It's not like I will be a phantom citizen for the whole time. Only for a brief period.
I don't think they will be able to deny me worker's rights in the UK if I start working with my nino number in 2 years time. Restrictions will most likely only be applied to ''fresh'' Europeans who are coming in post-article 50.
The first 2 years while you are a
phantom citizen who is absent and falsely claiming to be in the UK won't count towards residency. You wom't have 'workers rights' while you are studying in Germany as you won't be working here.
Your 5 year clock will only begin when you start exercising your Treaty rights by employment/self-employment which can be verified with supporting documentation. Of course, in 2 years time the goal posts may well have moved.

Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 7:56 pm
by GermanGuy123
Casa wrote:Of course, in 2 years time the goal posts may well have moved.

I sincerely doubt that I won't be able to work through this method in 2 years time.
The most likely change will be that new Europeans won't be offered NINO numbers, but those who already had one and were registered in the UK can stay. That's my gamble. It might not work out, but I'd say 80% chance that it will.
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 8:03 pm
by Casa
I'd say 100% that it won't. The UKVI are very strict with the mandatory requirement of a documented trail to prove a full 5 years of exercising Treaty rights.
This includes HMRC evidence that the self-employment has been genuine throughout the qualifying period.
Re: Register in UK as a self-employed EEA while still in Eur
Posted: Wed Jul 06, 2016 8:10 pm
by noajthan
GermanGuy123 wrote:Casa wrote:Of course, in 2 years time the goal posts may well have moved.

I sincerely doubt that I won't be able to work through this method in 2 years time.
The most likely change will be that new Europeans won't be offered NINO numbers, but those who already had one and were registered in the UK can stay. That's my gamble. It might not work out, but I'd say 80% chance that it will.
You will have no proof of work thus no proof of exercise of treaty rights in UK thus no chance to qualify for any transitional arrangement (should the legendary
British sense of fair play extend to setting one up).
Plenty of innocent, uninformed or plain ignorant Union citizens in UK are already regularly refused confirmation of rights because they don't have such rights simply by virtue of living in UK (even with a NINO).
What you are proposing is an abuse of free movement and such discussion cannot be entertained or tolerated.