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EEA2 application question - SELF EMPLOYED

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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fanthara
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Joined: Wed May 23, 2012 8:02 pm

EEA2 application question - SELF EMPLOYED

Post by fanthara » Sat May 26, 2012 11:03 am

Hello, this is my first time posting here.. I posted in another topic, but got no answer :( so I'm trying here...

I'm about to fill my application EEA2 for the Residence Card. My EEA1 Family Permit expires in July 2012. MY husband is EEA national and I'm not. I was waiting until my husband and I sorted some things out like employment, etc so I could fill the EEA2.

So, my husband has been self-employed since February this year (he was working in factories and farms from September 2011 to January 2012).

So he paid his NI Contributions for the period he is self-employed (less than 3 months), he sent his tax papers through an accountant to the HMRC and he is about to get his returns or whatever tax papers with the accountant. He works in construction as self-employed, but for a company, which pays him, but his bank account doesn't show ins and outs of stuff for the business as he gets his payments and transfers almost all to our personal account. Will this be a problem? Should I send anyway the bank statements? Should I send our personal statements too? it does not show business spendings too. All the invoices, bills for business is shared with the guys who work with him, all sel-employed too.

Also, in the application, they ask for a letter from the accountant. My husband asked his accountant but he didn't know what he wanted, so what should it be in this letter?

Other thing is that I'm now self-employed too... I work part-time for a shop in self-employment basis and I'm working on opening my own business from home. I've got my Tax number and I'm waiting a letter from the HMRC to say something about my NI contributions.
My question about it is: should I send my tax papers too?? Should I send our personal bank statements, utility bills, etc ?? The application only asks for the marriage certificate as proof of relationship and I was thinking of only sending what they ask, but I'm worried that my husband's business is too new, he doesn't have so much proof of it, besides what I've said.

Last question is, when my application will be processing, my EEA Family Permit will expire. Will I still be able to be self-employed, keep going with my business and stay here while waiting for the answer and family permit expired?

Sorry for the long message and thank you in advance :)

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat May 26, 2012 11:34 am

That fact that you are working is not entirely relevant as your permission to remain in the UK is contingent on your partner. If he is exercising EU treaty rights then you can apply for a RC. If he was not working but you, instead, were, then he could classify himself as being self-sufficient based on your income and then you would need to show evidence of your own employment.

So, given that he is working, you don't need to provide evidence of your own work. However, it might be practical to do so if it does not confuse or cloud his evidence.

The expiry date of your EEA Permit is not relevant as this would be the last day that you could enter the UK with that permit rather than the last day you can remain until.

Amarula
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Posts: 21
Joined: Wed Feb 27, 2008 10:44 am

Post by Amarula » Sat May 26, 2012 7:30 pm

I got RC with self-employed husband just sending his invoices and personal bank statements showing money coming into account from customers.

EUsmileWEallsmile
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Re: EEA2 application question - SELF EMPLOYED

Post by EUsmileWEallsmile » Sat May 26, 2012 8:08 pm

fanthara wrote:...they ask for a letter from the accountant...
I am not self-employed, but imagine that if one explains to the accountant that the UKBA are looking for evidence that the applicant is operating as a self-employed person they should be able to come up with something.

I imagine that a business that's been running for some time would be able to show signed-off accounts, etc, which an accounted may be involved in. It may be more difficult to provide evidence for a shorter period.

It's sounds like your husband will have clients and perhaps contracts? He will have income from the business. All these things will help evidence that he is supporting himself as a self-employed person.

Don't worry too much about what the form asks for, concentrate on a good covering letter explaining what he does and evidence it as best you can.

EUsmileWEallsmile
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Re: EEA2 application question - SELF EMPLOYED

Post by EUsmileWEallsmile » Sat May 26, 2012 8:11 pm

fanthara wrote:...He works in construction as self-employed, but for a company, which pays him.....he gets his payments and transfers almost all to our personal account....
There must be a contract that links your husband to the company you mention.

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