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Hi all memebers ,
you are doing a great job ,I want to ask about payment gap between self emloyed perios of my wife who is EEA national and I am non eea national family memebr .I will try to brief my question and will need your attention for our problem.
Married = march 2012
April 2014= Got 5 years Visa (Delay was because our previous lawyer lost out passports and documents and it took time to make new ones and launghed complaint of lawyer in this period to law society)
EEA national self employed =april 2012
lost cleaning invoices for the period from april 2012 till october 2012 during shifting of house ,bank statements showing money deposit in account for this period.
October 2012 = started online business ,buying bulk stock from one of the online market via paypal and selling on amazon continuos payment recieved from amazon from october 2012 till april 2013 ,have buying paypal invoices for this period ,seller account was suspended in may 2013 and final payment received from amazon in august 2013 .EEA national started job in october 2013 and still continuing the job .
We need to know when will 5 years of treaty rights be complete either in April 2017 or October 2017 as we lost cleaning invoices from april 2012 till October 2012.
Also how can we cover 4-5 months gap when her amazon account was suspended and no any payments received in bank for those months ...
Thanks

You need rock solid evidence of genuine and effective work. That's more than invoices.

HO goes above and beyond EU law and will also apply its PET/MET tests to determine if it accepts wife was truly a worker.

The lost invoices from earlier days are problematic.
The eBay period, without adequate evidence of activity, may also prove problematic and may have stopped the PR clock.

Worst case: PR clock only started in 2013;
needs to run until 2018

Thank you for reply ,my question is if we ignore the period from april 2012 till october 2012 for which lost invoices for cleaning but we sent accounts anyway .let we start period from october 2012 when she started selling online till April 2013 received continuous payments from amazon and then last payment received from amazon in August 2013 .So MAY , JUNE ,JULY and September 2013 no any payments received in bank .so altogether 4 months no payments received in bank and yes she was self employed in all this period .

decentguy123 wrote:Thank you for reply ,my question is if we ignore the period from april 2012 till october 2012 for which lost invoices for cleaning but we sent accounts anyway .let we start period from october 2012 when she started selling online till April 2013 received continuous payments from amazon and then last payment received from amazon in August 2013 .So MAY , JUNE ,JULY and September 2013 no any payments received in bank .so altogether 4 months no payments received in bank and yes she was self employed in all this period .

Even for that one period, the challenges are going to be proving work was genuine and effective (EU law);
and
satisfying HO PET/MET tests (over and above EU law).

Thanks ,she have invoices of buying stock from online sellers via paypal and selling proofs are amazon payment receipts and the amazon amount showing in her bank account .is it not genuine ?

I think (I am not sure) that the definition of "genuine and effective" is more on the lines of "can you live on the money earned". So, assuming that you earned a sum of money, would that be so insignificant as to make no impact on your lifestyle (marginal and ancillary) or enough for you to string together (with some benefits if need be) some sort of life?

I do not remember where I came across this explanation, but it was on these forums.