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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6468
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, we got to London a couple of days ago. The immigration

Resolved Question:

Hi,
we got to London a couple of days ago. The immigration officer stampt my wifes family permit. So now I applied for the national insurance number for both of us (won't happen until 3rd of October!) I got a business bank account already, and I started to work. Soon, I will write my first invoice. Would it be enough for the residence registration/card, to have one invoice + bank statement as proof for exercising treaty rights, or should I wait for more. Do they also want to see the whole income proof for the last 6 months again, or is that optional (it was quite a bit less then it used to be for the first 6 months of the year...)

Thanks
phil
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

If you are applying for a residence card on the basis that you are exercising treaty rights by being self-employed then I would wait a little longer to increase the amount of documentary evidence that you are able to produce to prove this.

Such documentary evidence would include:-
1. Invoices
2. Bank Statements showing income earned
3. Accountants letters
4. Evidence of marketing for your business
5. National insurance contributions

I would wait for at least three months or until such time as there is a record of work done and income earned. Ultimately, your right to remain does not depend on your residence card. You have the right to stay in the UK without it, but it’s just useful to have for proof purposes and so your wife does not need to apply for a family permit again if she leaves the UK and comes back.

If you are not planning on doing any travelling over the next 3-4 months then this should buy you some time to build more substantial supporting evidence than the small amount you have now.

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Kind regards,


Tom
Customer: replied 2 years ago.

The only fear that I have is, since what might happen over the next couple of weeks / months is, that I will earn less then I used in the US, just because I need to find more clients here in the UK, my US clients are phasing out a little...


 


Could it be a problem then, if I don't earn as much as before, and the income is not enough to support me and my wife, can they deny the residence card because of that? Also, I want to get the residence card for my wife asap, so she can apply (and actually get) any job she wants!


 


Thanks alot!

Expert:  Thomas replied 2 years ago.
Hi,

Provided that you do not claim any public funds then it will not affect your application.

Ultimately you can make the application based on the evidence you have now to "try your luck" because it doesn't cost you anything apart from the fact that if it is rejected you would have to go through the hassle of preparing the application again. If you are prepared to do that then I would say it's worth a shot, just make sure that you explain the lack of supporting evidence with a written statement.

Please rate my answer.

Kind regards,

Tom
Customer: replied 2 years ago.

Ok, sounds all good! One last thing I was wondering about. We both have an interview at the local job center on Oct 3rd for the national insurance number.


 


1. They say, we would need proof that we are looking for work to get it. So, I will bring my first bank statement, my first invoice. My wife (American) is looking for jobs / internships, so do you think that would be enough evidence for them, if she prints out the email correspondance etc. or does she have to go to the job center and register as jobseeker


 


2. I think they want a proof of our address too. Problem is, we don't pay any utilities right now, all I have is a email printout, where it states, that we rented a place over the internet, all utilies included for Sept/Oct. I guess for me, we have the business bankstatement in my name, to prove my address. However, I don't have anything to give my wife for her interview. Maybe I could just write a letter, declaring, that she lives with me Sept/Oct. ?


 


3. Should I already be paying NI contributions? Since I haven't registered with HRMC (I need the NI number first) I thought I wait with all this until I get it...

Expert:  Thomas replied 2 years ago.
Hi,

When she is there she will have to register with jobseekers, she should take along her correspondence with prospective employers that she has.

The business bank account will probably not be suitable. You shoudl take the email print out and a copy of your tenancy agreement if you have one or a letter from your landlord confriming that you rent the property.

NI contributions are payable, but if you are self-employed they will simply be added on to your tax return when you submit it.

Please rate my answer now.

Kind regards,

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