Income level; required for Self-Employed for PR

[AliK123]

Hello guys Actually I am applying for permanent residence for my wife she is a polish national and been in UK for me then 5 years she was self employed for 3 years and full time employed from last 2 years earning 18000 per year..she paid all her taxes and national insurance contribution when self employed but my question is when I saw her self assessment papers her earnings were not more then £4000 each year when self employed 2011,12 & 13 do you think less earning can be a problem as they can say this money was not enough to live in London or if you exercising treaty rights these things does not matter and she never took any kind of benefits..I will really appreciate if you reply..thanks

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[tresgoya]

Hello guys Actually I am applying for permanent residence for my wife she is a polish national and been in UK for me then 5 years she was self employed for 3 years and full time employed from last 2 years earning 18000 per year..she paid all her taxes and national insurance contribution when self employed but my question is when I saw her self assessment papers her earnings were not more then £4000 each year when self employed 2011,12 & 13 do you think less earning can be a problem as they can say this money was not enough to live in London or if you exercising treaty rights these things does not matter and she never took any kind of benefits..I will really appreciate if you reply..thanks

I'd say it can be a problem if the Home Office wanted it to be a problem and in this climate that easily can be the case unfortunately. Though to count as a worker,who's exercising treaty rights, you don't even need to be a full-time employee, however you need evidence that your employment IS ‘genuine and effective’. Now they could easily say that £4000 a year could easily not count as effective, not just in London but even outside of it. Wage requirement is not written anywhere in the rules per se, but 'effective' is a term that they can play with freely if they felt like...

Can she apply as a family member if you already have PR status? Maybe that could work, though I'm not too familiar with those rules. I would look into though if there were other options rather than just applying as a stand alone EEA citizen and if there's nothing, then would go for the PR with what she has. I mean what do you have to lose? £65 quid, 2 months no passport and a few hours of form filling, doc gathering...

[noajthan]

... my question is when I saw her self assessment papers her earnings were not more then £4000 each year when self employed 2011,12 & 13 do you think less earning can be a problem as they can say this money was not enough to live in London or if you exercising treaty rights these things does not matter and she never took any kind of benefits..I will really appreciate if you reply..thanks

Will need to get over the UK's somewhat controversial MET/PET hurdle:
https://www.freemovement.org.uk/using-m ... ne-worker/

[noajthan]

Multiple posts

[akz]

Hello guys Actually I am applying for permanent residence for my wife she is a polish national and been in UK for me then 5 years she was self employed for 3 years and full time employed from last 2 years earning 18000 per year..she paid all her taxes and national insurance contribution when self employed but my question is when I saw her self assessment papers her earnings were not more then £4000 each year when self employed 2011,12 & 13 do you think less earning can be a problem as they can say this money was not enough to live in London or if you exercising treaty rights these things does not matter and she never took any kind of benefits..I will really appreciate if you reply..thanks

Hi Bro,

I am in the same situation as my wife was self employed for 5 years and her income was altogether about £9000 in five years (don't count the 2 maternity 18 months leave breaks in 5 years work)

So in five years she work as self employment and her income was roughly £50/week.

HO refused our PR application as they said the money was not enough to show her work was genuine and effective, we have appeals in FTT and won the case in Jan 2016, now home in the process to challenge the FTT decision in Upper tribunal and we are waiting for the outcome.

As soon I will have the result i will share it with you and if successful i will give you the decision so you can use it in your application .

In the meantime pray for me and good luck to you. you can search my old record in this forum using my id "akz" will give you the full information about my case.

regards
akz

[AliK123]

Thank you every one for replying there's one more thing bothering me she don't have any invoices as her clients use to pay her cash and never asked for any invoice her accountant used her bank statements to file her by checking how much money came in and how much money went out of account do you think by not providing a invoice is a problem too? And akz my brother thanks for your reply I would really love to know what the outcome is and if you won the case that truly tell us that there is no minimum income requirement in Law..I will wait for your reply guys it is helping me a lot thanks again.

[noajthan]

Thank you every one for replying there's one more thing bothering me she don't have any invoices as her clients use to pay her cash and never asked for any invoice her accountant used her bank statements to file her by checking how much money came in and how much money went out of account do you think by not providing a invoice is a problem too? And akz my brother thanks for your reply I would really love to know what the outcome is and if you won the case that truly tell us that there is no minimum income requirement in Law..I will wait for your reply guys it is helping me a lot thanks again.

You will need adequate documentary supporting evidence to back your case over the entire 5 years qualifying period;
don't expect to be given any benefit of doubt.

[Casa]

Is she hasn't issued receipts or raised invoices, how is she going to prove the cash payments were from self-employment?

[AliK123]

Thanks alot for your reply casa and noajthan...I am so confused you know so do you guys have any suggestions how shall we produce evidence what if we ask her clients to write a letter that they were paying her cash or any other way in your mind?? Thanks again

[GEGE_OO]

Thanks alot for your reply casa and noajthan...I am so confused you know so do you guys have any suggestions how shall we produce evidence what if we ask her clients to write a letter that they were paying her cash or any other way in your mind?? Thanks again

hI
i am not sure if its a good idea or not but I have applied as a family member of EU ( French) natioanal. My wife worked as self-employed since 2010-2015.
Her work was part employed part self-employed, and details are as below

1 ) Employed earning around £ 11,500
2 ) Self-employed contract earning around £ 13,800
3 ) Self-employed private individuals around £ 14,150

We had no proof of her earning from private individuals though we had proof of point ( 2) contracts with companies, and point (1) wage slips
What I did was sent her bank statement showing payment from contracts through companies, wages and cash coming in her account.
We also sent prints from her website, Facebook, Twitter and Linkden. We also sent Leaflets with payments made for them in 2013. Gumtree advertisements with payments and few other advertisements with payments.
We sent profit and loss statements of five years made by her accountant with a letter verifying her work.
We also sent her business insurance for one year and a letter with contact detials of two her students, which her studying with her since 2010.
She is employed and earning around £40,000/ year since 2015, which is partly covered in our application.
But since 2010 her work is mixture of employment and self-employment with contracts and private tutoring. We applied in January 2016 and now waiting for a decision.
Also note that we applied through a solicitor and never took any kind of benefits at anytime.

[AliK123]

Hi gege_oo for your reply my wife was working for private individuals as well she was working for four families and she never worked worked for any body else that's why we don't have any invoice but you can see cash coming in her bank account and on that money she paid taxes when her accountant filed her tax but do you think we have to prove that where this money came from still if we paid tax on it?

[GEGE_OO]

Hi gege_oo for your reply my wife was working for private individuals as well she was working for four families and she never worked worked for any body else that's why we don't have any invoice but you can see cash coming in her bank account and on that money she paid taxes when her accountant filed her tax but do you think we have to prove that where this money came from still if we paid tax on it?

Hi alik,
I do understand where are you coming from, my wife is a teacher and we have sent many other proofs like emails from different students. On Twitter and Facebook she got following and likes from BBC and British Airways and many other people more than 150 and activities can be seen since 2010.But she does not have many receipts, none from private tutoring anyways.
The main point is Home Office looks for mistakes and in self-employment its really hard to convince Home Office.
Although she is very well paid now and was employed partly during all five years.
I am worried and not sure what will be the decision. Just cover as much as you can like getting contact details of her private clients and sent that to Home Office and get a solicitor if you can. If you didnt take any benefits it might support your point that she was working.

[AliK123]

Hi gege_oo thanks for your reply my wife is fully employed from last 2 years and we have all the payslips it's just that previous 3 years which are making us confused I think you are right I should contact a solicitor to do our application do you have any idea how much they charge?

[GEGE_OO]

Hi gege_oo thanks for your reply my wife is fully employed from last 2 years and we have all the payslips it's just that previous 3 years which are making us confused I think you are right I should contact a solicitor to do our application do you have any idea how much they charge?

My one charged me 1500 per person but I think they all do same kind of job, just make sure you are happy with the work and ask question if you have any.

[AliK123]

Thanks gege_oo for your reply .

[AliK123]

Hello guys I wanted to ask what do you think about invoices can home office accept normal receipt book invoices which are hand written with carbon paper copy or you have to have some business logo and stuff on it?thanks