PR application for self-employed

[ihavelost]

Hello again,

Me (non EEA) and my Wife (swiss national) will be applying soon for PR.
I've read here about the benefits of using old forms for the application because of it's simplicity. I was originally filling the new EEA PR but got stuck in the many travel dates, etc

I was hoping to get some guidance before submitting our application

EEA3 states that it is only for EEA / Swiss nationals and family ember. Does that mean I have to add my application using the EEA4 form?
If so, Do we still send both forms at the same time / same envelope?

We are both self employed and since this application will focus on the wife's exercise of treaty rights we are a little worried that her self employment turnover isn't substantial enough. There is influx of money / invoices / self assessment / NI payments - but her self employment income has not been not enough to pay the bills ( the bulk of our income comes from my self employed / bank account activity)

Is that going to be a problem? Is there a minimum limit on self employment income to be allowed and recognised as still exercising treaty rights?
How can we avoid an unsuccessful application

A little background:
We have both lived in the UK from early 2002-3 - moved to Brazil for 2 years and returned to the UK in 2010, married in 2011 and self employed / registered HMRC since then.
We do rent a property that falls under the Live/Work rules.

To add to my concern my current Residence card just expired mid-July, but we have been travelling multiple times to Switzerland to attend family issues since June and we cannot afford to not have our travel documents at hand.

Apologies for the long post, I got slightly worried after reading a few posts about refusals in here
Thanks for the support

[noajthan]

RCs are optional in any case.

Application forms are optional, current form is not mandatory;
you could go commando and apply using earlier/simpler form or even by letter if you wished.
A form does give structure though. And applications with inadequate/missing information will lead to refusal.

Wife may have acquired PR status during earlier life in UK back in the day - but it would have been lost after a 2 year sojourn in Brazil.

Looks like wife's PR clock could have started in 2010.
Your PR clock started on marriage to your spouse/sponsor.

Above and beyond the EU requirement for a worker/selfemployed qualified person to prove their genuine and effective work, HO applies its PET/MET test.
More here:
https://www.freemovement.org.uk/using-m ... ne-worker/

[ihavelost]

Thanks for the link.

I believe there were a couple of years where her income may have fallen under the minimum per year, however she has never claimed any benefit (that seems to be one of the main concerns for the MET)

Since this is our only route of application we have to make it work.

Does the forum advice using a solicitor / immigration lawyer or most people apply themselves?
I did my first application for Residence back in 2011 and it was relatively simple (after first refusal for lack of CSI)

[noajthan]

Thanks for the link.

I believe there were a couple of years where her income may have fallen under the minimum per year, however she has never claimed any benefit (that seems to be one of the main concerns for the MET)

Since this is our only route of application we have to make it work.

Does the forum advice using a solicitor / immigration lawyer or most people apply themselves?
I did my first application for Residence back in 2011 and it was relatively simple (after first refusal for lack of CSI)

A drop below MET level should not lead to instant refusal it should simply trigger a more in-depth examination of the case.
Whether this happens in practice remains to be seen.

Some people use an advisor, many do not.
If organised and methodical with attention to detail you should be able to apply by yourself.
Good supporting evidence is the key.

[ihavelost]

Thanks again for taking the time to reply

Would a Self Sufficiency application be a better route in our case, providing that we get insurance that meets the CSI requirements?

[noajthan]

Thanks again for taking the time to reply

Would a Self Sufficiency application be a better route in our case, providing that we get insurance that meets the CSI requirements?

Just note that CSI can't be backdated so it only helps going forwards.

[ihavelost]

Does that mean we would have to start the PR clock again from now onwards?
Even if we have been paying NI class 2 since 2011?

[ihavelost]

I am a non EEA and wanted to know if I need to apply using EEA4 at the same time as wife's application or just including my name on her application is sufficient for me as well?

Wife is a Swiss national living in the UK for over 10 years.

[noajthan]

Posts merged.

[noajthan]

I am a non EEA and wanted to know if I need to apply using EEA4 at the same time as wife's application or just including my name on her application is sufficient for me as well?

Wife is a Swiss national living in the UK for over 10 years.

You may apply together or separately depending on what is appropriate for your case.

Applying as family of spouse/sponsor who will be main applicant may fit the bill.

[ihavelost]

Thanks for merging the posts - I couldn't locate my previous ones

[ihavelost]

If we both apply using the same EAA3 how would I add the Biometric section to this application?
simply print out from the EAA(PR) form?

[noajthan]

Not all legacy forms may be suitable.

You would need bio pages from current form.
Also up to date payment form or at least send current fee.
And send to current address not some old out of date address.