Refused EEA Family Permit

[Mickww2007]

Hi to everyone in the forum.
I am a Cypriot National and my wife is non EEA (Serbian), I have been living and working in the UK for 2 yrs now and wanted my wife and our 3 kids to come join me there.
We applied for the EEA FP and were denied.
The determination we received stated
1) I provided my passport as proof of nationality (is that a problem) they don’t say it is or isn’t?
2) I recently took over as a business owner in a sub lease of an existing fast food shop, I worked there previously and the determination states that I have not proven my treaty rights under regulation 6
I submitted my previous payslips as an employee, up until November when I took over the business, I then provided my agreement with the business owner, the lease of premises, some invoices and bills for the business in my name and one bank statement since it was transferred to me in December (we applied in early Jan 19 so I didn’t have another)
The determination says that I have not proven my work status and therefore my treaty rights !

My wife and kids are literally in tears over this as we thought the process was supposed to be relatively straightforward.
I can’t think of what else I can do to prove my ownership of the business short of inviting them round to inspect my premises, any advice is welcome.
Thanks in advance

[vinny]

I suppose that as a business owner, then to be a qualified person, your bussiness should also employ youself as an employee or you may be self-sufficient with CSIC?

[Obie]

I suppose that as a business owner, then to be a qualified person, your bussiness should also employ youself as an employee or you may be self-sufficient with CSIC?

I am not sure if that is a sarcastic response to their approach to OP's wife's application, but I do think a business owner is a qualified person under regulation 6, he is a self employed person even if the business is not very viable.

[vinny]

Hi Obie. Thanks for your input.

I didn't intend for the response to be sarcastic! It wasn't all that clear to me what options a business owner has, to be considered as a qualified person.

[Obie]

Under community law, save for a sham business owner who is undertaking no economic activity, a business owner is undertaking an economic activity which is genuine and effective, without supervision from others, in return for renumeration . This meets the definition of self employed. OP has customers, issues invoices, buy goods, sell food at the restaurant, pays staffs I guess.

It seems to me, that this meets the definition of a self employed person in community law.