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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6464
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello.My aplication for a yellow card was just refused.They

Resolved Question:

Hello.My aplication for a yellow card was just refused.They send me back all the papers and a letter witch says:"appeal for the first tier tribunal-immigration and asylum chamber".What is that letter i can"t fully understand it and what should i do next,please?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Can you type out the full sentence for the part you have quoted please?

What reasons did they give for the refusal?

Tom
Customer: replied 3 years ago.

reasons for refusal lyour application has been refused:

-you have not provided sufficient evidence for us to establish thet you are genuinenly self-employed and the UK Border Agency is therefore not satisfied that you are exercising a Threaty right as self-employed person.

Expert:  Thomas replied 3 years ago.
Ok.

Please type out the sentence that contains the quote you typed in your initial question.

Tom
Customer: replied 3 years ago.
After reviewing what about my contract is they said:in such cases,the UK Border Agency is not satisfied that your engagement with Charnwood Country residence is that of self employment,you have therefore failed to provide evidence that you are a qualified person who is currently exercising a Threaty right in the UK as a self -employed individual.We aknowledge that you state you have worked on a self-employed basis for Charnwood Care Home,however the UK Border Agency is not satisfied that this offers categorical evidence of your position as a Care Assistant being on of self employemnet.You have therefore failed to provide evidence that you are a qualified person.Therefore it has been decided to refuse to issue the confirmation that you seek with reference to:Regulation 6 of the immigration(European economic area)regulations 2006 and Regulation 4(1)(b) of the immigration (European economic area)regulations 2006.That is all.I can2t get what it really means .tx
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

You have applied for a yellow card on the basis that you are self-employed. If you are employed then you would have to apply for an accession worker card:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/applying/

There is often some confusion between whether the work that someone does for a company is employed or self-employed. A company may say that a person who works for them is “self-employed” but when a proper account is actually taken of the working circumstances what the relationship actually is is “self-employed”. For example, where even though a person is described as being self-employed if they work for only one company, have no real choice over the work they do, takes no risk, has to work a set period of hours and is told where to do the work then these are all features which suggest that the employment relationship is actually “employed”.

The UKBA seem to think that you relationship with the care home is one of an “Employee” rather than a self-employed contractor. This would suggest that they consider the appropriate form of application you should make would be for a Accession Workers Card after your employer (the care home) has applied for a work permit.

You can either appeal the refusal and take your chances at a tribunal where your evidence generally gets a better hearing OR you should make an application for an Accession Workers Card after speaking with the care home about them applying for a work permit.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6464
Experience: BA (Hons), PgDip, Practising Solicitor
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