EEA2 self-employed and employed status

[dodewerk]

Hello all,

I am an EEA citizen (Italian) who had a civil partnership with my non-EEA partner (Singaporean) last July. My partner's post-study visa is expiring soon and we thought we will send off the EEA1 and EEA2 applications in the next week.

I have a question in regards to employment/self-employment status. With this precarious economy, I am both employed (in a cafe) and self-employed (as an artist assistant). I understand from scouring through the forum that the self-employed status is not the most straight-forward category and numerous applications have met with problems because of this.

Because I don't earn enough as an employee, I am thinking of stating that I am both self-employed and employed. Would this help my case or would it be overly-complicate things? I also feel like my documentation for each category is lacking somewhat:

Employed: Letter from employer, P11 forms. (my employer do not give payslips nor do I have a contract)

Self-employed: Invoices, HMRC Self-assesssment tax return, possibly NI contributions.

I would appreciate any feedback or experience in regards to my employment categories and the best way to present my case.

[sheraz7]

1st of all be clarified that there is no earning threshold for an employee under EEA law to excercise its treaty rights as worker as along as the employment is a genuine and effective activity for remuneration.
Normally letter from employer can meet the requirement but ukba still can ask for the payslip too.
Your self employment documents looks very reasonable but still you can refer to following thread about it:

http://www.immigrationboards.com/viewtopic.php?t=105916

[dodewerk]

Hi there,
thank you for the speedy response. Are you saying that I should go for BOTH the self-employed and employed categories? My employer does not provide payslips (and therefore I feel that my documentation as an employee is lacking) and I get that there is no minimum income for EU citizens, which is a relief.

Thanks again.

[Nimitta]

Interesting. Maybe Gurus can respond to your questions.

I do not think that one can apply for EEA2 in two categories simultaneously. Well, one can, but there is no point. 1) If both of them (self-employed and employed category) have enough supporting documents, than one of them is redundant. 2) If none of them have enough supporting documents on its own, applying for two of them would not help. Two weak cases do not make a strong one. Again, no point of applying in two categories.

If you are employed, this is usually the most simple way to get RC.

One thing I am not quite sure of. Maybe someone can answer this question. It is widely accepted opinion that being a part-time worker with 20 hours per week is enough. It is about hours, not money. However, how strict the rule is? I have a friend whose working hours were cut recently. So, she has 19.8 hours a week. It is less than 20 hours/week. So, is she in trouble?

[sheraz7]

If you are dissatisfied from your documents then you can become economically self sufficent on the income you earning or the saving you have and buy private medical insurance.

[ravii]

P 11 form is not acceptable in ukba.p 11 form is an old style record keeping sheet/form for employers,just to keep records of the employees.you must have to ask your payslip even if you work 5 hours a week.by law your employer must have to issue you a payslip even hand written..letter from your employer is enough to support your applications.

[dodewerk]

Thank you for the comments:
Nimitta has raised afew important points, especially in light of the economic situation in this country these days where people are often undertaking multiple, precarious work to support themselves.

Maybe someone out there can offer some insight on any UKBA rule on minimum hours/week? I currently work less than 20 hours per week for my employed job. And the ongoing question of straddling two employment categories...

Thanks!