EEA 3 - Any possibilities to be refused?

[jumpingzombie]

Hi, everyone.

My husband applied for the document certifing permanent residence by the form EEA3 around the end of September(last month), and I am worried if UKBA could refuse his application, because it seems his case is not straight forward

He is an EEA national from one of the A8 countries.

Exercising the treaty rights in the UK over 5 years as below;

Aug 2008-Apr 2012 : Registered in HMRC as self-employed.
While keeping the employment status as self employed, he was sometimes employed by some different companies since September 2008, and he left the self-employed status in April 2012. Since then, he has been only employed.

Documents submitted are ;

# ID card
# Accountant letters, tax return forms, paid NIC bills and 2 invoice books over the period as self-employed.
# Payslips, P45 and P60 when he was employed.
# Bank statements over 5 years
# Registration certificate(EEA1)

I understand that applicants from A8 countries were required to register to WRS by April 2011, but he was exemption as he was self-employed until April 2012, although he was sometimes employed simultaneously, so never registered to the scheme.

Moreover, he obtained the registration certificate issued in July 2010 based on his self-employment status. I assume that it means the UKBA acknowledged he exercised the treaty rights as self-employed.

Reading through this forum, it is getting tougher to prove exercising the treaty rights as self-employed. Besides, how he has been excising the treaty rights is mixed up with self-employed and employed, along with the requirement to register to WRS.
I think he submitted documents to prove the eligibility as many as he could, but we are still anxious.

How does everyone think about his case?
Any thoughts appreciated.

[askmeplz82]

Hi, everyone.

My husband applied for the document certifing permanent residence by the form EEA3 around the end of September(last month), and I am worried if UKBA could refuse his application, because it seems his case is not straight forward

He is an EEA national from one of the A8 countries.

Exercising the treaty rights in the UK over 5 years as below;

Aug 2008-Apr 2012 : Registered in HMRC as self-employed.
While keeping the employment status as self employed, he was sometimes employed by some different companies since September 2008, and he left the self-employed status in April 2012. Since then, he has been only employed.

Documents submitted are ;

# ID card
# Accountant letters, tax return forms, paid NIC bills and 2 invoice books over the period as self-employed.
# Payslips, P45 and P60 when he was employed.
# Bank statements over 5 years
# Registration certificate(EEA1)

I understand that applicants from A8 countries were required to register to WRS by April 2011, but he was exemption as he was self-employed until April 2012, although he was sometimes employed simultaneously, so never registered to the scheme.

Moreover, he obtained the registration certificate issued in July 2010 based on his self-employment status. I assume that it means the UKBA acknowledged he exercised the treaty rights as self-employed.

Reading through this forum, it is getting tougher to prove exercising the treaty rights as self-employed. Besides, how he has been excising the treaty rights is mixed up with self-employed and employed, along with the requirement to register to WRS.
I think he submitted documents to prove the eligibility as many as he could, but we are still anxious.

How does everyone think about his case?
Any thoughts appreciated.

Well one can be self employed + employed

Documents he included is more then enough for EEA3

I don't see any reason PR not be successful

just wait for the PR document in the post soon.

[Jambo]

It would have been better if he would have left out the employment evidence. I suspect it will back fire as he was required to register under WRS for employment. The exemption only applies to his self employment.

[askmeplz82]

It would have been better if he would have left out the employment evidence. I suspect it will back fire as he was required to register under WRS for employment. The exemption only applies to his self employment.

so i don't think there will be any issue with that. They may not accept his exercising treaty right as a WORKER from 2008 - 2011 because of no WRS but still he will qualify as self employed

[Jambo]

I didn't say he didn't qualify but the HO might use the worker evidence to claim he was not self employed at that time. It would depend on the evidence prvovided but this is an example that providing everything you got is not always the best policy.

[jumpingzombie]

Thank you for your reply!

askmeplz82 said :

Well one can be self employed + employed

Jambo said :

It would have been better if he would have left out the employment evidence. I suspect it will back fire as he was required to register under WRS for employment. The exemption only applies to his self employment.

These 2 points..... exactly what I wonder/am worried about.

My husband applied for the Registration Certificate in February 2010, and it was issued in July 2010, based on his self-employment status.
However, the documents submitted at that time were both as self-employed and employed.
What he sent are;

# ID card
# An accountant letter, reference letters from some clients, a tax return form, paid NIC bills and a invoice book since he registered as self-employed in August 2008.
# Payslips and P45 for the period he was employed along with keeping the self-employment stats, from September 2008-March 2009
# Bank statements since August 2008

We knew about the requirement to register to WRS for the A8 nationals, but self-employed was exception. It was even before the WRS was abolished.
Why he applied as self-employed at that time is because he sometimes worked as self-employed while he was employed as well. After that, he left the employed work in March 2008.
In this case, it shows the UKBA acknowledged his exercising the treaty rights as self-employed, as they did not ask him about the WRS. In other words, this is "one can be self employed + employed" as askmeplz82 said.

To apply for the document certifying permanent residence for him this time, he could have submitted the documents only as self-employed by the time that the WRS was closed, because the exception only applies for self-employed as Jambo said.
The reason why he submitted both self-employed and employed proofs for the period is because we were afraid that the UKBA would regard as "some gaps on his financial activity".
While he kept his self-employment status by 2012, he hired an accountant to claim tax every year. We are not sure as we are not tax experts, but when he claimed the tax return, he needed to submit all documents as employed, to show how much income tax was deducted from his employment as well, every tax year. The amount of tax return as self-employed was calculated with it, and expenses he spent in self-employed works. So, we assume his application is considered from an applicant exercising the treaty rights as self-employed from August 2008-April 2012, and employed after that.

By the way, he submitted the documents by parcelforce delivery called express 48 on 25/09 received by UKBA on 27/09, and got COA dated on 30/09.

[sheraz7]

Your answer and possible remedy in case if the case is refused actually you yourself has already mentioned in last post.
If they refuse then you can ask reconsideration on the grounds that the eea national was exempted from wrs because of being self employed during that period and his employment activities relates to a time when wrs does not exist.

[jumpingzombie]

Thank you for your reply, sheraz7.

Surely, I am not willing that my husband's application would drop into a case of "reconsideration", but if so, he can just insist on his exercising treaty rights as self-employed by the time the WRS was closed.

Anyway, I really appreciate all posts here, and I will update the outcome.

[jumpingzombie]

Hi, everybody.

I have just received my husband's documents back with the Residence Documentation Certifying Permanent Residence(EEA 3) from UKBA
Actually, it took just for a month.

I and my husband were a bit anxious because of his working history over 5 years, but expected we could hear good news quite soon as we were confident that we prepared and organized the application well.

Officially, he is going to be eligible to apply for the British citizenship an year later, but he will do it after my permanent residence card(EEA 4) is granted, because obviously I prefer taking the EEA route. I will have living with him completed for 5 years next December, and his permanent residence will make my EEA 4 application much simpler.

Thank everybody in this forum, for giving me advices every time

[askmeplz82]

Hi, everybody.

I have just received my husband's documents back with the Residence Documentation Certifying Permanent Residence(EEA 3) from UKBA
Actually, it took just for a month.

I and my husband were a bit anxious because of his working history over 5 years, but expected we could hear good news quite soon as we were confident that we prepared and organized the application well.

Officially, he is going to be eligible to apply for the British citizenship an year later, but he will do it after my permanent residence card(EEA 4) is granted, because obviously I prefer taking the EEA route. I will have living with him completed for 5 years next December, and his permanent residence will make my EEA 4 application much simpler.

Thank everybody in this forum, for giving me advices every time

Congratulation. I see only 1 month. Very straightforward case. Enjoy your Life

[Davmck70]

Congratulations!!!