Self-employed EEA and EEA2 application

[Nimitta]

Greetings to Gurus and members, EEA citizens and their non-EEA family members, immigrants and lawyers!

I need your advice, and would greatly appreciate if you could give me one.

Now, when three first weeks in the UK have passed and we have fully settled down (found a flat, paid first bills, received everything from TESCO and Nectar cards to NIN), we started thinking about my EEA2 application.

My husband is a freelance translator working for translation companies. The usual procedure is as follows. A company sends him PO (purchase order), he does the job, sends an invoice, one month later he gets a check by post and brings it to his bank. Since most of his clients are major US companies, it will take up to 6 weeks for a UK bank to process his checks (they are actually sending them back to the US, get their approval etc., in a word, it takes time).

As far as I understand he is exercising the Treaty rights as self-employed. The question is how to prove it. We just got our NINs and are about to register with HMRS as self-employed. We are not going to register an LTD, at least not yet. We cannot send to HO his checks as a proof. Originals have to be properly endorsed and processed by his bank. But we will have photocopies of original checks, Purchase Orders (agreements between a company and a client about the nature of the job, deadline, payment etc.), my husband's invoices and finally bank statements. Would that be enough?

Another question is would 1-2 months of documented activity be enough for HO? I know, it is a little bit "grey area", and there is no minimal requirement. I am just asking for an opinion.

[Directive/2004/38/EC]

Tesco card! Now that is living...

Before I forget, but not relevant for this discussion, he might want to open a USD account with a bank. HSBC and others have them. It might make it easier and possibly cheaper.

UKBA asks for a lot of documentation for self employed people, but I suspect they do not need it all. Do they ask for "one of each of the following" or do they say something like "you may submit the following" or "evidence might include"...?

When you are set up and have billed your clients and received payment, I would personally use that moment to submit the RC application. Include a copy of everything you have already related to self employment. If they have any problems or desperately need more information, I always think they can ask you for it.

Remember you are self employed. Any revenue you make being self employed, HMRC wants their cut because... you are self employed. The rest is just miscellaneous documentation of your self employment.

[Nimitta]

Before I forget, but not relevant for this discussion, he might want to open a USD account with a bank. HSBC and others have them. It might make it easier and possibly cheaper.

Thanks. I just thought that keeping money in USD might make receiving RC more difficult. I remember there was a post where a RC application was refused because the EU spouse of the applicant worked for clients who reside abroad and kept money in USD.

UKBA asks for a lot of documentation for self employed people, but I suspect they do not need it all. Do they ask for "one of each of the following" or do they say something like "you may submit the following" or "evidence might include"...?

I could not find any instructions about it. Nothing in particular.

When you are set up and have billed your clients and received payment, I would personally use that moment to submit the RC application. Include a copy of everything you have already related to self employment. If they have any problems or desperately need more information, I always think they can ask you for it.

Thanks. We have already received a few payments.

Remember you are self employed. Any revenue you make being self employed, HMRC wants their cut because... you are self employed. The rest is just miscellaneous documentation of your self employment.

My husband has already registered on the HMRC website. But we pay taxes in April, right?

[Directive/2004/38/EC]

You can always transfer money into GBP as you use it. I guess my point is that a USD account may be logistically easier.

[Nimitta]

We just got a letter from HO which states that I have not submitted sufficient documents with my EEA2 application.

- have not provided a certified translation (we provided a translation without certification)
- we have not provided "recent evidence from HMRC".

1. I did not find anywhere anything about "certified translation" on the UKBA website. They require translation, but not a certified one. Am I right?

2. The second one in their actual words:

"If your sponsor is self employed: Original, recent evidence from HM Revewnue & Customs to show that he is actively engage as self employed and registered for any paying tax and National Insurance contributions. Evidence which shows income earned such as trading accounts, bank statements and current dated original accountant's letter. Invoices and/or customer testimonials in respect of work done and evidence of avertising/business/promotion material (e.g. entries in relevant trade directories such as Yell.com and/or advertisements in local or national media).

Once you are in position to supply all the evidence required to support the application, please re-submit the form and up to date evidence to the address detailed above."

My husband has registered with NIN and provided the evidence (the letter with the NIN number). He registered with HMRC and received tax payer number (included this one too). We sent invoices, purchase orders from clients, copies of checks (I explained that the originals have been endorsed and now in the bank's position). We did not send a bank statement because they mentioned that they require a statement from a business account, and we do not have a special business account (self employed are not obliged to have a separate account). Anyway, the EEA2 guide mentions we can submit either one - bank statement or accountant letter or invoices. We sent invoices, purchase orders (a written agreement between client and vendor about the job, payment and deadline).

I thought that would be enough, and in my opinion that should be enough. We would sent self assessment but it was still far to April, and that was not necessary, was it? If not self assessment, what does HO mean by "evidence from HM Revewnue & Customs to show that he is actively engage as self employed"?
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One more question. The letter runs: "Please note that this is not a formal determination of your status under the Regulations. Our purpose in returning the documents is to enable you to assemble a complete dossier of supporting evidence and to submit this with a fresh application when you are in a position to do so. In the meanwhile we will not be giving any further consideration to your case."

So, the HO has neither agreed upon issuing Registration card nor they refused to do so? Or this is how refutation letter actually look like?
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I am self-employed too, so I do not really need Registration card in order to work (I have no clients in the UK... yet). However, I doneed RC to travel from time to time. We have already bought tickets to Grand Canaria, and it seems like my husband is going alone. As for me, I still have South Downs to explore. Which is fine, but still... Grand Canaria...

[Directive/2004/38/EC]

What document did you provide a translation of? What was the original language?

You seem to focus on the "recent" evidence from HMRC. How old was the evidence from HMRC?

[Nimitta]

What document did you provide a translation of? What was the original language?

It was our marriage certificate (Ukrainian).

You seem to focus on the "recent" evidence from HMRC. How old was the evidence from HMRC?

Well, we arrived in September 2011, and applied for EEA2 soon after receiving NIN and the tax payer number from HMRC. We have not sent any self-assessment forms to HMRC yet because this is our first five months in the UK and the taxes are paid once a year in April.