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Proving self employment for EEA4 Surinder Singh Route

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

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UKqRO
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Joined: Mon May 02, 2016 8:26 pm

Proving self employment for EEA4 Surinder Singh Route

Post by UKqRO » Mon May 02, 2016 8:31 pm

Hi
I am a non-EU and I am wanting to apply for PR by EEA4 in UK under Surinder Singh.
My spouse is UK citizen and I came to UK on Family Permit (2011) shortly after obtained RC. Both were issued as he had a company in Romania owning properties. He did not take a salary from his company but took money out when needed shown in accounts as returning initial investment.
The new EEA4 form states that evidence of sponsor's employment or self-employment but how can this be proved? He can provide online bank statements and yearly accounts but this shows payment/registration of taxes as a company not as a self employed company.
He could write a letter showing he employed himself?

None of this was required before and FP and EEA2 RC was issued. On this basis can they refuse PR if treaty rights cannot be evidenced? Thanks in advance for any advice

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Proving self employment for EEA4 Surinder Singh Route

Post by noajthan » Mon May 02, 2016 9:40 pm

UKqRO wrote:Hi
I am a non-EU and I am wanting to apply for PR by EEA4 in UK under Surinder Singh.
My spouse is UK citizen and I came to UK on Family Permit (2011) shortly after obtained RC. Both were issued as he had a company in Romania owning properties. He did not take a salary from his company but took money out when needed shown in accounts as returning initial investment.
The new EEA4 form states that evidence of sponsor's employment or self-employment but how can this be proved? He can provide online bank statements and yearly accounts but this shows payment/registration of taxes as a company not as a self employed company.
He could write a letter showing he employed himself?

None of this was required before and FP and EEA2 RC was issued. On this basis can they refuse PR if treaty rights cannot be evidenced? Thanks in advance for any advice
The UK only recognises employment and self-employed qualified persons under SS. If the sponsor was self-sufficient whilst in Romania its unclear how the FP and RC were issued.

Evidence of employment/self-employment is required for successful confirmation of PR, also evidence to fulfill the UK's centre of life requirement.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

UKqRO
Newly Registered
Posts: 2
Joined: Mon May 02, 2016 8:26 pm

Re: Proving self employment for EEA4 Surinder Singh Route

Post by UKqRO » Sun May 08, 2016 2:35 pm

Does owning a company not count as self employed?
Does self employment need to be proved again or automatically issued as FP and RC were issued before?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Proving self employment for EEA4 Surinder Singh Route

Post by noajthan » Sun May 08, 2016 2:55 pm

UKqRO wrote:Does owning a company not count as self employed?
Does self employment need to be proved again or automatically issued as FP and RC were issued before?
Owning a company does not necessarily entail any work or any activity.

HO will want to see good rock-solid evidence of economic activity.

Self-employment has to be genuine & effective rather than marginal and supplementary. You will have to demonstrate this,

Be aware that HO may also, somewhat controversially, apply their MET/PET tests (which fall outside EU law).

And yes, it appears they want to see all the evidence again.

See the PR form & guidance for type of evidence required.
Start here:
https://www.gov.uk/government/uploads/s ... -04_KP.pdf

For example, refer Appendix B, page 15+ (obviously this will need transposing into a Romania context in your case).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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