Spouse sponsor is self-employed, but company is non-UK

[eschols13]

Hi all,

I have been searching around forever now and cannot find a good answer. I am non-EEA (USA) and in the UK on an EEA Family Permit with my husband (Dutch). I now need to apply for my residence card, but am having trouble gathering all the documents I need for his self-employed status. Here is the deal:

• He is since June of this year a director of a limited company in the UK together with his father, but does not receive income from that company

• He is also a director of a Dutch limited liability company (also together with his father), and that is where we get our income from.

• We just moved here in August, so do not yet have tax returns and have not yet made NI payments. We just got NI numbers and expect UTR numbers within a week

From what I have read so far, I think I need to use his Dutch company to give evidence of his self-employment status, but I am not sure if this is allowed. Can his self-employment be based outside of the UK? If so, will I need to have all the official documents (company incorporation, etc) translated into English?

And a last question, would it be easier to use the "self-sufficient" category of qualified person instead?

Thanks in advance for any help and this topic!

[NikiGio]

Suggest you get an hour's consultation with a lawyer for this application - it's not straightforward due to the fact that your husband is drawing your income from an EU-based company.

If you go for self-sufficiency instead, you both need to have CSI.

[thsths]

• He is since June of this year a director of a limited company in the UK together with his father, but does not receive income from that company

• He is also a director of a Dutch limited liability company (also together with his father), and that is where we get our income from.

Getting the evidence together is always difficult, especially in a non-standard situation. Has your husband moved yet or not? That would make a bit of a difference.

The threshold under EU is not very high, and there is no minimum income, so I would be too worried. I would list both companies, more for completeness than for necessity. I do not think it matters where the company is located, as long as he is working in the UK. Statement of past income would be useful, especially if you can demonstrate that the income will continue and be sufficient to support the both of you, but it is not necessary. What may be important is that the work is in the UK, so there is a work related reason for moving here.

Alternatively, he could apply as self sufficient, if you have enough money for a while. That avoids any argument about the working arrangements, but it may also require private health insurance. The UK is a bit weird about that.

This used to be a really easy process, but it seems to have gotten more difficult in the last 2 or 3 years. If you need the application to be successful first time, legal advice may be a good idea.

[eschols13]

Hi,

Thanks very much for the reply! Listing both companies sounds like a good idea. Do you know if I will have to get documents translated into English?

To answer your question, yes, we both moved here together at the end of August this year, so have only been here two months. How does that make a difference?

Thanks again!