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Exercising EEA rights through part-time employment?
Posted: Fri Jul 19, 2013 6:11 pm
by nemerkh
Hello people
Just wanted to ask- working through an agency in healthcare alone, good 2-3 days a week, obviously whenever they call, is it actually exercising EU rights for my European wife? Is there any specific requirements under employment sections for that except for bwing employed? Any set number of hiurs? Money?
Thanks
Posted: Fri Jul 19, 2013 7:05 pm
by sheraz7
Do you atleast get 10/12 hours per week? Are you being paid for services?
Posted: Fri Jul 19, 2013 8:12 pm
by nemerkh
Yes (my wife) does (am a family member). On average she works more than 16 hrs a week. Is 12 hrs the legal standard? And she does get paid yes.
Posted: Fri Jul 19, 2013 9:07 pm
by sheraz7
She should be fine with these number of hours.
Posted: Fri Jul 19, 2013 9:25 pm
by nemerkh
Thanks for the reassurance; is there a reference i can go back to cause we already got ********** with our PR due to a 70£ pw self employed income that apparently wasnt written anywhere. Hence we are in an appeal process. In case it fails we will need to apply for another 5 yrs on the basis of my wofe being employed but before we do that we wanna make sure everything is tiptop cause looks like the UKBA are trigger happy these days.
Posted: Fri Jul 19, 2013 10:20 pm
by EUsmileWEallsmile
Work requires to be genuine and effective. If so, it is work.
Posted: Fri Jul 19, 2013 10:38 pm
by nemerkh
And how could genuine and effective be defined mathematically? What does that mean!! Thats whats worrying us.
Posted: Sat Jul 20, 2013 8:42 am
by EUsmileWEallsmile
nemerkh wrote:And how could genuine and effective be defined mathematically? What does that mean!! Thats whats worrying us.
It isn't defined mathematically. It is a fact or it is not. If the work is so marginal then it would not be considered. Regular part-time work would be.
Posted: Sat Jul 20, 2013 10:43 am
by vinny
Posted: Sat Jul 20, 2013 1:24 pm
by nemerkh
I have read through it. I think it was more self employed oriented. Regardless, my wife (eea) makes less money than i do cause she is also spending time with our little kids; she is making some money though and am not sure how this could be considered. Am kinda worried of what they could come up with as the way i see it they can explain any laws with tricky arguable words that could be be difficult to explain!!
Posted: Sat Jul 20, 2013 9:03 pm
by EUsmileWEallsmile
OP, you might just need to wait for a decision and deal with any points that are raised if and when they arise.
Posted: Sat Jul 20, 2013 9:56 pm
by Obie
In
Genc , the court was prepared to accept that 5.5 hours of work per week is genuine and effective depending on the circumstance.
Posted: Sun Jul 21, 2013 10:12 am
by vickylol
nemerkh wrote:Thanks for the reassurance; is there a reference i can go back to cause we already got ********** with our PR due to a 70£ pw self employed income that apparently wasnt written anywhere. Hence we are in an appeal process. In case it fails we will need to apply for another 5 yrs on the basis of my wofe being employed but before we do that we wanna make sure everything is tiptop cause looks like the UKBA are trigger happy these days.
Hi Nemerkh
I am also going to apply for ILR on long residence I am on Non EU family member. So I am showing that my wife is self employed.
Can you give some advice how much need to show on self employed the wages on weeks basis.
THANKS
Posted: Sun Jul 21, 2013 3:09 pm
by Imshzd
vickylol wrote:nemerkh wrote:Thanks for the reassurance; is there a reference i can go back to cause we already got ********** with our PR due to a 70£ pw self employed income that apparently wasnt written anywhere. Hence we are in an appeal process. In case it fails we will need to apply for another 5 yrs on the basis of my wofe being employed but before we do that we wanna make sure everything is tiptop cause looks like the UKBA are trigger happy these days.
Hi Nemerkh
I am also going to apply for ILR on long residence I am on Non EU family member. So I am showing that my wife is self employed.
Can you give some advice how much need to show on self employed the wages on weeks basis.
THANKS
What do you mean by how much need to show on self employment the wages on week basis???????????????????
Just show the real wages etc of your wife as a self employed person.
Posted: Sun Jul 21, 2013 11:49 pm
by nemerkh
Apparently we got our self employed based PR refused cause my wife didnt have an income of 70 ppWEEK. !!! Anyone knew of this law??
Mind u we were paying NIC and all that with tax returns.
For us it was different. My wife atarted if her S/E but then we got 2 kids in succession so she couldnt manage running her business hence she wasnt having an income. But keyword: 70 pounds per week for 5 yrs with no gaps.
Posted: Mon Jul 22, 2013 2:10 pm
by vickylol
nemerkh wrote:Apparently we got our self employed based PR refused cause my wife didnt have an income of 70 ppWEEK. !!! Anyone knew of this law??
Mind u we were paying NIC and all that with tax returns.
For us it was different. My wife atarted if her S/E but then we got 2 kids in succession so she couldnt manage running her business hence she wasnt having an income. But keyword: 70 pounds per week for 5 yrs with no gaps.
As I have seen in BR GUIDANCE NOTE its state:
• If you are self-employed, you need to provide us with documents to show that you are self- employed. Documents that would support this include evidence of paying national insurance contributions, bank statements which show income earned or accountants’ letters
As I have not seen anywhere written this law if someone knew plz update
Posted: Mon Jul 22, 2013 5:15 pm
by vickylol
nemerkh wrote:Apparently we got our self employed based PR refused cause my wife didnt have an income of 70 ppWEEK. !!! Anyone knew of this law??
Mind u we were paying NIC and all that with tax returns.
For us it was different. My wife atarted if her S/E but then we got 2 kids in succession so she couldnt manage running her business hence she wasnt having an income. But keyword: 70 pounds per week for 5 yrs with no gaps.
Which proof u have shown to HO for self employed accountant letter or bank statement or invoice of payment
Posted: Mon Jul 22, 2013 5:16 pm
by vickylol
vickylol wrote:nemerkh wrote:Apparently we got our self employed based PR refused cause my wife didnt have an income of 70 ppWEEK. !!! Anyone knew of this law??
Mind u we were paying NIC and all that with tax returns.
For us it was different. My wife atarted if her S/E but then we got 2 kids in succession so she couldnt manage running her business hence she wasnt having an income. But keyword: 70 pounds per week for 5 yrs with no gaps.
Which proof u have shown to HO for self employed accountant letter or bank statement or invoices of payment
Posted: Mon Jul 22, 2013 10:07 pm
by nemerkh
yes u provide all them documents that you mentioned, still as a self employed u have to be ECONOMICALLY ACTIVE. hence we provided all of them (except for a business account statement - which is not a necessity for SE), but still we were refused.
on further research thru my solicitor it shows that 70ppw is the minimum for SE.
anyways, i dont wanna talk about SE, its the employed aspect am after. as above mentioned in the begining of the thread, if someone got any concrete info about please let me know!
thanks
EU migrant worker
Posted: Tue Jul 23, 2013 7:20 pm
by horizon1985
Hi everyone,
Can anyone explain me the exact definition of EU migrant worker?
My wife is EU national and working as a self employed in UK. Will she be classify as EU migrant worker ?
thanks
Re: EU migrant worker
Posted: Tue Jul 23, 2013 9:32 pm
by sheraz7
horizon1985 wrote:Hi everyone,
Can anyone explain me the exact definition of EU migrant worker?
My wife is EU national and working as a self employed in UK. Will she be classify as EU migrant worker ?
thanks
EU national is either worker or self employed the imperative thing will be the economic activity which must be effective and genuine. If you mean that if your EU national wife is working for an employer who suggest its employees to pay their own tax by registering to HMRC then it will be a self employment despite it can be argued to be a worker too if one gets employer letter/job contract.