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EEA3 part time student and working for his limited company

Posted: Sat Jan 28, 2012 11:32 pm
by EEAwaiting
Hi, my husband from A8 country, our baby will born on sep 2012. He would like to apply for PR before baby born. Now he is part time student, only left 1 course to finish. He also has his own limited company, but company did not register for PAYE, because everyone's salary is less than the tax allowance. He did not register for self employment as well, because it is registed as Ltd company. The company bank account just every month transfer him some small amount money. He did not have any private insurance. My question is how shall we approve he is exercising treaty rights? Thanks.

ps; I(his wife) am working full-time.

Re: EEA3 part time student and working for his limited compa

Posted: Sat Jan 28, 2012 11:40 pm
by bobobo
get a letter from the accountant validating these things you have mentioned attach a long with the company bank statement and you should be fine.
EEAwaiting wrote:Hi, my husband from A8 country, our baby will born on sep 2012. He would like to apply for PR before baby born. Now he is part time student, only left 1 course to finish. He also has his own limited company, but company did not register for PAYE, because everyone's salary is less than the tax allowance. He did not register for self employment as well, because it is registed as Ltd company. The company bank account just every month transfer him some small amount money. He did not have any private insurance. My question is how shall we approve he is exercising treaty rights? Thanks.

ps; I(his wife) am working full-time.

Posted: Sun Jan 29, 2012 8:53 am
by Directive/2004/38/EC
When did he start working in the UK? Was he registered with the WRS initially?

Note that what you do is not relevant so long as you are married: http://eumovement.wordpress.com/2011/05 ... a-citizen/

Re: EEA3 part time student and working for his limited compa

Posted: Sun Jan 29, 2012 9:56 am
by EEAwaiting
bobobo wrote:get a letter from the accountant validating these things you have mentioned attach a long with the company bank statement and you should be fine.
EEAwaiting wrote:Hi, my husband from A8 country, our baby will born on sep 2012. He would like to apply for PR before baby born. Now he is part time student, only left 1 course to finish. He also has his own limited company, but company did not register for PAYE, because everyone's salary is less than the tax allowance. He did not register for self employment as well, because it is registed as Ltd company. The company bank account just every month transfer him some small amount money. He did not have any private insurance. My question is how shall we approve he is exercising treaty rights? Thanks.

ps; I(his wife) am working full-time.
Thanks for the reply. I am the accountant of the company, not sure if I write letter for my husband company will be fine?

Posted: Sun Jan 29, 2012 9:57 am
by EEAwaiting
Directive/2004/38/EC wrote:When did he start working in the UK? Was he registered with the WRS initially?

Note that what you do is not relevant so long as you are married: http://eumovement.wordpress.com/2011/05 ... a-citizen/
He came to UK since 2003, they did working and also study. He has WRS. I have EEA2 now.

Posted: Sun Jan 29, 2012 12:06 pm
by Directive/2004/38/EC
He probably already has PR.

He is A8. A8 countries joined the UK in 2004. Has he been working since then continuously?

Posted: Sun Jan 29, 2012 8:20 pm
by EEAwaiting
Directive/2004/38/EC wrote:He probably already has PR.

He is A8. A8 countries joined the UK in 2004. Has he been working since then continuously?
Not really, he went to University for 3 yrs, he took student loan. but did not buy any private insurance. He had 1 contractor part time job when he was student, but contrctor job, he did not pay any tax. I do not know how he can approve the treaty rights?

Posted: Sun Jan 29, 2012 11:37 pm
by Directive/2004/38/EC
In which years was he a student?

In any case, it is worth applying for the PR card. Be sure to include a cover letter which explicitly states which 5 year period of residence is being claimed.

Does he have both a national ID card and a passport? He can submit either with the application, so retain the other for travel.