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Register in UK as a self-employed EEA while still in Europe?

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

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GermanGuy123
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Register in UK as a self-employed EEA while still in Europe?

Post by GermanGuy123 » Wed Jul 06, 2016 7:20 pm

Hi,

I'm a German university student and wanted to move to the UK in 2 years time and this Brexit thing has got me a bit worried.

I have a close friend and a sibling who already live in England. Can I register as ''living with them'' while self-employed while I finish my studies in Germany (2 yrs). This way I can bypass possible harsh restrictions on future EU migration.

Is this even possible?

Kind Regards

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Casa
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Re: Register in UK as a self-employed EEA while still in Eur

Post by Casa » Wed Jul 06, 2016 7:22 pm

No it isn't.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

GermanGuy123
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Re: Register in UK as a self-employed EEA while still in Eur

Post by GermanGuy123 » Wed Jul 06, 2016 7:23 pm

Casa wrote:No you can't.
Why not? What exactly makes this plan not work?

How can they know I don't live there?

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Casa
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Re: Register in UK as a self-employed EEA while still in Eur

Post by Casa » Wed Jul 06, 2016 7:34 pm

So what 'work' to you intend to claim to be doing in the UK, paying annual UK taxes on the self-employment while you're living and studying in Germany?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

GermanGuy123
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Re: Register in UK as a self-employed EEA while still in Eur

Post by GermanGuy123 » Wed Jul 06, 2016 7:36 pm

Casa wrote:So what 'work' to you intend to claim to be doing in the UK, paying annual UK taxes on the self-employment while you're living and studying in Germany?
Does it even matter?

I won't be claiming any benefits.

What matters is that I got a NINO number and was already registered as living in the UK before a possible EEA shutdown.

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Re: Register in UK as a self-employed EEA while still in Eur

Post by Casa » Wed Jul 06, 2016 7:42 pm

Of course it matters. When you submit your PR application after 5 years, you'll have to provide documented proof of how you've been exercising your Treaty rights throughout the full qualifying period. A NINO will be nowhere sufficient evidence.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

GermanGuy123
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Re: Register in UK as a self-employed EEA while still in Eur

Post by GermanGuy123 » Wed Jul 06, 2016 7:46 pm

Casa wrote:Of course it matters. When you submit your PR application after 5 years, you'll have to provide documented proof of how you've been exercising your Treaty rights throughout the full qualifying period. A NINO will be nowhere sufficient evidence.
Well, in 2 years time I will be actually living in the UK, just not now. It's not like I will be a phantom citizen for the whole time. Only for a brief period.

I don't think they will be able to deny me worker's rights in the UK if I start working with my nino number in 2 years time. Restrictions will most likely only be applied to ''fresh'' Europeans who are coming in post-article 50.

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Re: Register in UK as a self-employed EEA while still in Eur

Post by Casa » Wed Jul 06, 2016 7:51 pm

GermanGuy123 wrote:
Casa wrote:Of course it matters. When you submit your PR application after 5 years, you'll have to provide documented proof of how you've been exercising your Treaty rights throughout the full qualifying period. A NINO will be nowhere sufficient evidence.
Well, in 2 years time I will be actually living in the UK, just not now. It's not like I will be a phantom citizen for the whole time. Only for a brief period.

I don't think they will be able to deny me worker's rights in the UK if I start working with my nino number in 2 years time. Restrictions will most likely only be applied to ''fresh'' Europeans who are coming in post-article 50.
The first 2 years while you are a phantom citizen who is absent and falsely claiming to be in the UK won't count towards residency. You wom't have 'workers rights' while you are studying in Germany as you won't be working here.
Your 5 year clock will only begin when you start exercising your Treaty rights by employment/self-employment which can be verified with supporting documentation. Of course, in 2 years time the goal posts may well have moved. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

GermanGuy123
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Re: Register in UK as a self-employed EEA while still in Eur

Post by GermanGuy123 » Wed Jul 06, 2016 7:56 pm

Casa wrote:Of course, in 2 years time the goal posts may well have moved. :|
I sincerely doubt that I won't be able to work through this method in 2 years time.

The most likely change will be that new Europeans won't be offered NINO numbers, but those who already had one and were registered in the UK can stay. That's my gamble. It might not work out, but I'd say 80% chance that it will.

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Re: Register in UK as a self-employed EEA while still in Eur

Post by Casa » Wed Jul 06, 2016 8:03 pm

I'd say 100% that it won't. The UKVI are very strict with the mandatory requirement of a documented trail to prove a full 5 years of exercising Treaty rights.
This includes HMRC evidence that the self-employment has been genuine throughout the qualifying period.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Register in UK as a self-employed EEA while still in Eur

Post by noajthan » Wed Jul 06, 2016 8:10 pm

GermanGuy123 wrote:
Casa wrote:Of course, in 2 years time the goal posts may well have moved. :|
I sincerely doubt that I won't be able to work through this method in 2 years time.

The most likely change will be that new Europeans won't be offered NINO numbers, but those who already had one and were registered in the UK can stay. That's my gamble. It might not work out, but I'd say 80% chance that it will.
You will have no proof of work thus no proof of exercise of treaty rights in UK thus no chance to qualify for any transitional arrangement (should the legendary British sense of fair play extend to setting one up).

Plenty of innocent, uninformed or plain ignorant Union citizens in UK are already regularly refused confirmation of rights because they don't have such rights simply by virtue of living in UK (even with a NINO).

What you are proposing is an abuse of free movement and such discussion cannot be entertained or tolerated.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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