EEA PR card and self-employment issues

[agnetha007]

I would like to ask for some advice on the EEA PR application. I have been living in the UK for more than 8 years now but there are some gaps which might be challenged by HO.

Basically, my situation is the following. I have been self-employed through my limited company since mid 2010. Between mid 2011 and late 2013 I was in full-time employed and my company was not really active. Then I left full-time employment and had one very short contract as self-employed again in late 2013. After that my company did not have any income for some good 8 months and I did not pay myself any wage during that period. In fact, I was finishing my part-time studies at that time, but sadly I did not have CSI and cannot claim self-sufficiency. I have been actively trading after that period, though, and in 2014-15 fiscal year had sufficient income. Do you think that 8 month gap would break my PR qualification? I was a director of, technically active, company.

Also, EEA(PR) guideline suggests utility bills, tenancy agreements or bank statements as a possible evidence of residency. I no longer have them.. only the bank statements (I will have to ask my bank to print and stamp some old statements) and some random letters from HMRC. Is it sufficient to provide one bank statement per year? Two, six, all twelve? What is the rule of thumb?

Thanks in advance.

[jay.ho]

It's better if you put rqndom statement ,

[agnetha007]

Can somebody share how many bank statements per year did you submit with the application? Just some numbers which are known to be sufficient would help my confidence.

[noajthan]

Its up to you to prove residency in UK (& any absences from UK were within prescribed limits) - so you need to dig deeper on that aspect of residency.

Regarding treaty rights your work has to be shown to be genuine and effective rather than marginal and supplementary.
That's all EU law has to say about it.

HO in the meantime have taken it on themselves to apply their MET test to see if they consider whether someone is a worker or self-employed.
So your 8 months of trading but not trading very much may be problematic.

If you can't satisfy HO you were a worker or student (with CSI) or self-sufficient (again with CSI) they may decide your PR clock was stopped during those months in your timeline.

[agnetha007]

Thank you for the answer!

Its up to you to prove residency in UK (& any absences from UK were within prescribed limits) - so you need to dig deeper on that aspect of residency.

Regarding treaty rights your work has to be shown to be genuine and effective rather than marginal and supplementary.
That's all EU law has to say about it.

It is not a problem to prove residency for that period. I can dig personal bank statements. I guess university transcripts might also be an evidence.

HO in the meantime have taken it on themselves to apply their MET test to see if they consider whether someone is a worker or self-employed.
So your 8 months of trading but not trading very much may be problematic.

If you can't satisfy HO you were a worker or student (with CSI) or self-sufficient (again with CSI) they may decide your PR clock was stopped during those months in your timeline.

How exactly they apply MET test? While those 8 months were not very active, I made profit in that fiscal year and overall exceed MET threshold by a significant margin. Do they care whether my income is evenly distributed?

[noajthan]

Re MET see:
https://www.freemovement.org.uk/using-m ... ne-worker/