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xx

Help would be highly appreciated.

It seem there has been a break in her residence. It would have been easier for you to have put her on your business, then. Without that break she would have been able to secure PR in 2010, and then, that would have sufficed for your application in Autumn 2013.

Applying as a Self Employed is not easy, you will need a business account, invoices, evidence of earning. Given the fact that she has not done this for the past 3 years, it is difficult to see how she can do that now, retrospectively.

Try not to get too worried. Worst case scenerio, you will be able to secure another Residence Card, if your wife obtained a Comprehensive Sickness insurance.

Hi,

I am not sure how she has broken her residence? Can you please explain. She has not stopped working and has only failed to register as self employed? Thus not being able to prove her income etc.

Under the EEA regulations, a person has to have lived in the UK for a continuous period of 5 years , in accordance with the regulation, in order to be able to secure Permanent Residency. A period of inactivity without a Comprehensive Sickness insurance , breaks the continuity of her residency in accordance with the EEA Regulation, and hence she has to start again.

Try not to get too worried about this, no one is going to kick you out.

We have both been in the UK from 2005 and have not left for more than 5 weeks in one year at any time?

Well, it all well and good that she has been in the UK continuously. The problem is, she was not exercising treaty rights for a long period of 3 years.

In law people are exempted from tax registration for first three months, but three years, may be difficult to justify. There is usually a fine for late registration, but i am unsure for 3 years.

Has your wife got a medical insurance, which covers the 2 of you.

Ok I understand. I will try to get her registered and pay all tax with the penalties and see if that helps. Unfortunately no insurance in place. If we took this out now how would it make a difference?

What other options do I have? Can i apply for naturalisation or indefinate leave to remain on my own?

Sorry also to add we are not married. I got a un married eea2 visa

Did she pay tax at all? Or did she forget that as well?

As said, your time for PR has probably reset but once your partner sorts out her status, you can start counting the 5 years for PR. you can apply for another RC using form EEA2.

She paid tax at her previous job from 2005 - 2009 and since june 09 to current hasn't paid. Will we not have the same problem if applying for eea2? I take it its not possible for me to get any other visa i.e. business visa as i own and run a company or ILR

(All my staff are self employed as they deal with their own tax).

Are you serious? You are arguing that they are self-employed, because they do their own tax? Or in the case of your girlfriend, don't do their own tax! If only it was that simple!

If they are indeed "my staff", well they sound like employees to me, so why haven't you been deducting PAYE tax and employee NI, then adding employer's NI, then paying that all over to HMRC?

But establishing whether someone is employed or self-employed, well it is not always totally clear, but I suggest you get professional advice, and do that before an HMRC PAYE Audit team call round without warning.

Thanks for the advice, i will look i to it.

It might assist you if you use the ESI Tool on the HMRC website.

I suggest you use that tool first for your girlfirend.

bessenjust wrote:Will we not have the same problem if applying for eea2?

A Residence Card only confirms your rights at the time of the application. It doesn't require evidence from the past (just several months). So if she would sort out her status, work as self employed for a few months (to show she is really self employed), then she would qualify and you can apply for a new RC.

I take it its not possible for me to get any other visa i.e. business visa as i own and run a company or ILR

You might be able to get a Tier-1 visa (Entrepreneur or investor) depending on your circumstances but these applications cost money. Better to stay on the EEA route. You won't qualify for ILR as you don't have a current visa which leads to it.

Thank you all for the advice. I have some thinking to do.

Thanks all. I have an accountant registering her next week. We will have to foot the bill.

Registering her as what? As an employee of your company?

If not, why not? Everything you have posted indicates that she is an employee of your company.

If you persist in the view that she is self-employed, can I ask, how many customers does her business have? Would I be right in thinking just one, your company?

Best wishes, and hopefully everything will work out smoothly for you.

I will take this opportunity to inform the OP, that no one is here to scare you, or discourage you.

Some suggestions or questions may seem a bit tough, but this is to ensure you are in the best position with any future applications, or question UKBA may wish to ask you.

In any event we wish you the best.

John registering her as self employed. She works from home or in our office, where ever she chooses.

The other members we have on board have access to a porfolio of properties we have and they invoice us for the business they do at the end of each month. In estate agency this is very common. No doubt I appreciate your comments and will be looking into this further.

It is very common that estate agents are self employed.

Well it might be common for there to be a claim that the person is self-employed. In my opinion, especially for the first of the two jobs you provide links to, with the provision of a "company car", I suspect that it would be difficult to refute an HMRC suggestion of employment. That would leave the employer with a considerable tax liability for all the PAYE and NI that has not been handed over.

Are you actually engaging the so-called self-employed persons as individuals? Or are you insisting they have their own limited company, and then enter into a company to company contract? That at least would protect your company from feeling the full wrath of a PAYE Audit Team.

John. I will look into it. I feel this is swaying way off the topic and dont want to discuss it further. Thanks again and your advice is appreciated.

Anyone know a way around a 1 and a half year gap in exercising treaty rights with no insurance?

Yes I know the solution of 1 and a half year gap in treaty rights,but you are un married partner so it will not work in your case.

Could you kindly elaborate? I may be married in about 6 months.