Eea national - need guidance

[swaraich]

hi Everyone

first of all thanks to everyone here helping each other

I just wanted some guidance regarding the Pr for an EEA national in the uk

right i am a french who camei n the uk in 2012, got married to a foreigner partner (non EEA)
i was working at that time , she got the extension of her residency document for 5 years as a member of an EEA national.

Few months later i lost my job, i was jobless few month ( in what i never applied for job seeker allowances)
In june 2013 i registered myself as self empoyed and have been since till today.

In between i had 1 baby boy with my partner, we claimed WTC and CTC and offcourd CB.

During these 3 years my income has been on the low side ( roughly 7000 a year), so i was having the wtc and ctc, and steadily but slowly my profit has been going up.

So i am here just to have some guidance, as nearly i am going to apply for the PR for myself and my partner as the member of family of an EEA, can someone guide me, if in my case everytthing should be alright regarding my PR? or do you think because of these 3 years of struggle with my self employement it can be a reason to refuse my PR?

thanks again to anyone reading and helping out

regards

[noajthan]

Over and above the EU law requirement to show work was genuine and effective. HO may apply its PET/MET test to you;
this is to help the caseworker determine if she accepts your status as a worker or self-employed qualified person

Also, did you take maternity leave?
- if so, how long for?
- where does that fit in your timeline (after being a worker or during self-employed time)?

Do you hold (have you ever held) CSI?

[swaraich]

Hi thanks for the reply

I never took maternity leave ( you mean paternity leave as i am the man) or csi

[noajthan]

Hi thanks for the reply

I never took maternity leave ( you mean paternity leave as i am the man) or csi

Makes sense.

So its all about showing your self-employment work to be genuine and effective then.
You can see how a caseworker will weigh it all up, here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

And above and beyond the cleaner, purer EU law, you can see how HO uses its PET test here:
https://www.freemovement.org.uk/using-m ... ne-worker/

[swaraich]

Cheers for that

Just a last question
The 5 years timeframe, when does it really start?
As my first job i was employed for 6 months and lost this job, i wzs about 6 months job less, and then started beinh self employed

Does my 6 months of employement are going to be included for the 5 years timeframe? Or it has to be continuously 5 years? Then meaning my 5 years started on the date i bece self employed?

Thank you

[noajthan]

Cheers for that

Just a last question
The 5 years timeframe, when does it really start?
As my first job i was employed for 6 months and lost this job, i wzs about 6 months job less, and then started beinh self employed

Does my 6 months of employement are going to be included for the 5 years timeframe? Or it has to be continuously 5 years? Then meaning my 5 years started on the date i bece self employed?

Thank you

Its not about 5 years of work.
Its 5 continuous years as a qualified person in one or more categories of:

• worker;
  selfemployed;
  student;
  selfsufficient;
  jobseeker;