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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I would like to ask some questions about applying EEA2. My

Resolved Question:

I would like to ask some questions about applying EEA2. My visa is going to expire on 14 March, 2014. My partner and I have been living together in London for two and a half year. I am non-eea. We could provide all the evidence that we are living together all these years. Both of us have NHS and we are going to purchase WPA as a health insurance support. The only issue is, he is working as a self-employed worker (not the boss of the company) in a car wash company. He started this job in August. They pay him cash instead of transferring to the bank. Also, his boss told him that she could provide invoices and a cover letter states he is working for the company. He has registered as self-employed some months ago and he could fill out the self-assessment form and pay NI contributions if required. However, he does not have a business bank account and accountant's letter. Are they really needed for the application? As he only earns around 11,000 per year, would there be any problem about the amount and the cash payment method? We have some savings in our joint account (around 10,000), would that be helpful? Could you please give us advice about the case? Many thanks! Chloe

Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas replied 11 months ago.
Hi Chloe

When did he start a trading as self employed?

Has he completed a full financial year? if so, does he have trading accounts for the year(s)?


Tom
Customer: replied 11 months ago.

Hi Thomas,


 


He registered as self-employed around June this year.


 


He has not completed a full financial year. He does not have business bank account.


 


{The only issue is, he is working as a self-employed worker (not the boss of the company) in a car wash company. He started this job in August. They pay him cash instead of transferring to the bank. His boss told him that she could provide invoices and a cover letter states he is working for the company.}


 


Chloe

Expert:  Thomas replied 11 months ago.
Hi Chloe

I am out at the moment. I should be able to answer in a couple of hours.

Tom
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience. I do apologise for the delay in responding, I am afraid that I had connectivity problems upon returning home.

You will no doubt have noted from the form that at least one of an accountant’s letter, invoices/receipts or business bank statements are required.

If is not able to produce any of these then there is a possibility that the application may be rejected. This is because you have to prove to the UKBA that he is exercising treaty rights in the UK.

In the case of self-employment this means that you have to show that he is carrying out a trade here. The most usual ways of showing this are the above.

If he is self employed then he must, obviously, pay income tax and national insurance contributions. However, because he only started being self-employed in august he would not have had to submit his first tax return because the tax year ends 5th April in year year. So, he is effectively frustrated from being able to produce evidence of payment of tax/NI and self assessment returns at 7.5.

The most sensible way forward – if you have to apply now - given that his self-employment is in it’s infancy would probably be to attend an accountant to provide evidence of his self-employment and get the accountant to advise that he has seen him to verify that he is carrying out self employment and that he shall submit self-assessment returns as and when they fall due.

To be honest, it’s very easy to set up a separate business bank account and he should do so. His income can then be paid in to that account. If your visa does not expire for a while then this should be ample time for him to pay his earnings in to that account so that he can submit this.

Additionally, there should be no reason why his employer cannot accept invoices. He should really press them on this and say that he needs to submit invoices in order to have accurate records for tax purposes. Again, if your visa does not expire for a while then this should be enough time to build up some invoices/receipts.

Basically, if you need to apply now, he should see an account. If you don’t need to apply until the new year then he should set up a business bank account in his sole name and arrange for payment of invoices in to that account.



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Kind regards,


Tom

Customer: replied 11 months ago.

Hi Thomas,


 


Thanks a lot for your helpful advice. Just 3 small questions and I could rate your answer.


 


1)Since my visa will be due on 14 March,2014. When will be the best time to apply the residence card before it is late for ukba?


2) If he recently could find a proper job, at least in Mcdonald's, would that be simpler and more possible for this application?


3) He has not applied for EEA1, must he do that together with my application?


 


Many thanks,


Chloe

Expert:  Thomas replied 11 months ago.
Hi

The best time to apply would be when you have all of the evidence regarding self-employment that you can obtain in the circumstances (ie. accountant's letter, bank statements and invoices/receipts).

It probably would have been simpler in th beginning, yes, but if he found a job now you would still have to wait a couple of months to build up payslips.

There is no legal requirement for him to apply for a registration certificaitte in order to remain in the UK. Please see the first paragraph under "Do you need to apply on the following link for confirmation:-http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/

He can if he wants to but you should remember that he will need to submit documentation with it and whilst the application is udner process these will be held by the UKBA and so it may prevent you from applying (because you need the documentation) until the application has been approved and returned to him.

Please do remember to rate my answer.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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