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EEA A2 National - Evidence ?f using treaty rights for PR

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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playbox
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EEA A2 National - Evidence оf using treaty rights for PR

Post by playbox » Fri Mar 27, 2015 1:42 pm

Hi guys,

Here is my case. I am a A2 national who came in the UK in October 2010. I have been in full time employment from April 2011 to October 2014 when I resigned from work. Since October 2014 until now I have been self-employed but my income from self-employment is been minimal around 300 quid. I have registered for self-assessment with HRMC in January. I am wondering what my options are in order to still qualify for PR in April 2016.

I will be a student from September 2015, when I am planing to get a comprehensive medical insurance to cover the period from September 2015 to April 2016. I am also planing to be outside the UK for a period of 5 months from April 2015.

So I can prove the period of employment easily with payslips and P60s however, what do I need to do for the following periods:

1. October'14 to April 2015? My income from self-employment is very low. If i cover this period as being self-employed would just 2 invoices and such a low income be sufficient evidence?

2. As I am planing to travel for a few months outside the UK, and not using my treaty rights, I am guessing I don't need to cover this period, as I wont be excising my treaty rights. Is that correct?

3. Does volunteering classify as using my treaty rights? I ve been volunteering with the NHS since I left work. Do I still need medical insurance to cover this period?

4. If I apply for Nic exemption would that certificate be sufficient evidence to cover my period of self-employment?

5. What other options do I have to account for the period? I can't backdate a medical insurance and cover it as being a self-sufficient person.

I have a feeling I am really stuck with this period of self-employment and no income. I have basically been self-sufficient and I have bank statements to show I have been using my own savings for this period but I don't have a medical insurance.

Thanks

rosebead
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Joined: Sun Oct 28, 2012 7:55 am

Re: EEA A2 National - Evidence оf using treaty rights for PR

Post by rosebead » Sat Mar 28, 2015 2:30 pm

The matter of whether you qualify as self-employed is not judged on income under EU law but on whether your work was genuine and effective and not marginal and ancillary. It's normal when starting a business that the income is low. If you feel you were active in trying to get your business started, that's all still work even if you're not being paid for it, so it's still worth applying for PR, or appealing if you get a refusal.

You're correct, you do not have to exercise Treaty rights while you're abroad.

playbox
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Posts: 2
Joined: Fri Mar 27, 2015 1:24 pm

Re: EEA A2 National - Evidence оf using treaty rights for PR

Post by playbox » Sun Mar 29, 2015 4:09 pm

rosebead wrote:The matter of whether you qualify as self-employed is not judged on income under EU law but on whether your work was genuine and effective and not marginal and ancillary. It's normal when starting a business that the income is low. If you feel you were active in trying to get your business started, that's all still work even if you're not being paid for it, so it's still worth applying for PR, or appealing if you get a refusal.

You're correct, you do not have to exercise Treaty rights while you're abroad.
Thanks rosebead!

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