non eea national on residence card..need help with pr

[queryman]

Hi,
Am a non eea national married to an eea national. I have a residence card of 5 years which expires on 2012. I am fulltime employed whereas my wife is not working as she is looking after our child of 2 years. Since 1.5 years she is at home. Before that she was working full time. During this period,she has claimed WTC,CTC .About 2 months back she started receiving housing and council benefit.
Considering these facts,would it be a problem for me when i apply for Permanent residence using form eea4? Also when can my wife apply for Naturalisation since she has been in UK since Nov. 2005?
Any help would be greatly appreciated!!!

[abidjan1]

hi
the condition for you to be granted PR is for your partner to prove that he or she is exercicing the EU treaty as self employed or student or employed or self sufficient.
obviously she /he is not at this time. so if you were to apply today for instance you won't be eleigible for a PR but maybe another 5 years.
so my advice is this try to help your spouse to take even a part time job as she /he will be able to provide P60 when the time come for your application.
Or if she can't find one she can register as a self employed which is easy and will provide you with p60 to support your application.
concerning the benefit she's claiming WTC is not a problem but things like council tax and housing benefit are the one to avoid as if they check and find out can lead to refusal.
as for your partner naturalisation she can naturalise 1 year after her 5 year residence card expired.
good luck

[vadimvin]

hi
the condition for you to be granted PR is for your partner to prove that he or she is exercicing the EU treaty as self employed or student or employed or self sufficient.
obviously she /he is not at this time. so if you were to apply today for instance you won't be eleigible for a PR but maybe another 5 years.
so my advice is this try to help your spouse to take even a part time job as she /he will be able to provide P60 when the time come for your application.
Or if she can't find one she can register as a self employed which is easy and will provide you with p60 to support your application.
concerning the benefit she's claiming WTC is not a problem but things like council tax and housing benefit are the one to avoid as if they check and find out can lead to refusal.
as for your partner naturalisation she can naturalise 1 year after her 5 year residence card expired.
good luck

Hi, have similar case.
Do you think P60 would be enough for the self employed? They are asking for bunch of docs. Also If my wife (EU member) was studying for some time, the college letter confirming this fact would be ok? Btw, shall I provide anything from my side, bank statments, etc to support my application as financial sponsor while she did not work and was studying?
Many thanks!

[abidjan1]

hi viladmi,
actually the HO doesn't ask a bunch of doc to support your application.
To show that you have been working or exercicing a self employed job a P60 or self assessment return is enough. i have been there so i can comfirm that.
sometime while they reviewing your application they might ask for recent payslip or bank statement showing salary (employed) or if you are self employed you can provide your quaterly NI contribution receipt.
most of the time people tend to send doc. not requested.
so keep it simple just send what they ask.
googd luck

[vadimvin]

hi viladmi,
actually the HO doesn't ask a bunch of doc to support your application.
To show that you have been working or exercicing a self employed job a P60 or self assessment return is enough. i have been there so i can comfirm that.
sometime while they reviewing your application they might ask for recent payslip or bank statement showing salary (employed) or if you are self employed you can provide your quaterly NI contribution receipt.
most of the time people tend to send doc. not requested.
so keep it simple just send what they ask.
googd luck

Hi Abidjan,

Thank you very much for the information.
Yep, they asking more than that in EEA4, such as: accountant letter, self assesment forms, invoices/receipts, payment of tax and NI contributions. Do you think they would be happy if I send them accountant letter, NI contributions? Shall I also provide my wife bank statements (for self employed) and any of my documents confirming my funds, income?

Once again, thank you for your attention to my post.

[abidjan1]

hi
a letter from your accountant and NI contribution receipt will be enough but make sure that every time you pay the NI contribution have it stamped as proof of payment.
in a year as self employed you pay your taxes(once a year) only after april and that is looked after by your accountant.
So having an accountant already prove that you are genuine if you got receipt of your self employment activities keep them in case as well the bank statement if they request it.
what you need to understand is they just want to be sure thet you pay taxes and NI.
in my case i just provided my self assessement return for the year where we were not using an accountant but for the time i as using an accountant it was only a letter from him and NI contribution.
feel free for any question

[vadimvin]

hi
a letter from your accountant and NI contribution receipt will be enough but make sure that every time you pay the NI contribution have it stamped as proof of payment.
in a year as self employed you pay your taxes(once a year) only after april and that is looked after by your accountant.
So having an accountant already prove that you are genuine if you got receipt of your self employment activities keep them in case as well the bank statement if they request it.
what you need to understand is they just want to be sure thet you pay taxes and NI.
in my case i just provided my self assessement return for the year where we were not using an accountant but for the time i as using an accountant it was only a letter from him and NI contribution.
feel free for any question

Hello Abidjan,

Thank you for this valuable information.
We visited an accountant today, have registered my wife for the self employed for 2008-2009 year. She had declared around 6K of income coming from my business on her name. Do you think it is going to be enough? 750 pounds of taxes. Regarding NI contributions we would pay by direct-debit as well as penalty for the late submission. I am not sure if HMRC would be able to issue any kind of confirmation of this payments.

Thank you for help.
V.

[abidjan1]

hi vadimvin

the amount of taxe does not matter at the end of you pay tax based on your iincome so don't woory about that figure.
can you ask your accountantif is possible for you to have a kind of statement from the hmrc office confirming payment of you NI contribution in fact a proof that you are paying this contribution.
as well self assessment payment can be backdated up to 3 years. so .........
have a nice day

[queryman]

Hi Abidjan,
thanx 4 the advice..Just in case if eea4 applcn. for pr is refused,what would happen? Pls advise

[abidjan1]

hi queryman
in the worse senario if PR eea4 is refused on the ground of unability to proof application of treaty over 5 years you will be granted 5 years. this is what i think. in that case after 2 years you can reapply for YOUR PR under 7 years residency

[mego_1980]

Hi Abidjan,

Could you tell me in case of my wife studying .what are the required documents from Home Office to prove that she exercie treaty.

thanks

mego

[abidjan1]

hi mego

for student letter from college or university is the required proof.
but if you can provide on top of that attendance certificate that will a plus.
what are you appliying for 5years or PR.
take care

[vadimvin]

Hi Abidjan,
thanx 4 the advice..Just in case if eea4 applcn. for pr is refused,what would happen? Pls advise

I have asked immigration solicitor the same question before, they told me that new EEA dependant visa would be issued ), so it means 5 years again.
One thing, I think if they would refuse my PR - divorse for me would be a better option, as I would be 100% independent.

[vadimvin]

hi queryman
in the worse senario if PR eea4 is refused on the ground of unability to proof application of treaty over 5 years you will be granted 5 years. this is what i think. in that case after 2 years you can reapply for YOUR PR under 7 years residency

Why 7 years? I think long time residency is 10 years (that is what my solicitor told, but I can not trust them fully, as this guys all telling different stories ))

[mego_1980]

hi mego

for student letter from college or university is the required proof.
but if you can provide on top of that attendance certificate that will a plus.
what are you appliying for 5years or PR.
take care

i've applied for PR after divorce.
i hope every thing will be alright

[mego_1980]

hi mego

for student letter from college or university is the required proof.
but if you can provide on top of that attendance certificate that will a plus.
what are you appliying for 5years or PR.
take care

i've applied for PR after divorce.
i hope every thing will be alright