akz wrote:Rosnolth wrote:Crystaldelight wrote:Hi how do you know how to contact your case worker please? I would love to write mine as it s 6 month I am waiting end of this week
Caseworker detail is usually on the refusal letter..
Hi Cristaldelight,
I'm very surprised with your case worker decision as I believe you have submitted many evidence docs of your self employment.However, HO also make sure your self employment is not marginal or supllementary.
Did you supply work evidence from your sponsor too ? What are the docs you sent ?
Hi Rosnolth,
As a self employed my wife send her EEA3 application on 08/01/2015 for PR, she was working 20 hours a week and her average income per week was £55. is this will be an issue with respect to marginal or supplementary rule (as u mentioned in ur comments above). As you know self employed work is not available some time there is no work and you are not earning for weeks but when u got some project the u can earn good money, she is also full time carer (35 hours / week) to my son who have disability.
Thanks
akz[/quote]
AKZ,
I read on the HO guidelines for EEA qualified persons attributes - Please see below
''Tax and National Insurance (NI)
Compliance with the requirement to pay tax and NI is a domestic matter for the UK authorities and failure to comply does not stop an EEA national from qualifying .
While there is no minimum amount of hours which an EEA national must be employed for in order to qualify as a workeror self-employed,
the employment must be genuine and effective and not marginal or supplementary.
Marginal means the work involves so little time and money that it is unrelated to the lifestyle of the worker. It is supplementary because the worker is clearly spending most of their time on something else, not work.
This cannot be the sole basis on which you determine that the EEA national is not exercising treaty rights as a worker,
but is a factor which can be taken into consideration when making this assessment. ''
I cannot remember where exactly I have seen the link to downbload the document but I saw here on this site somewhere.Therefore the amount of money she is earning may well be a contributing factor in deciding the application - Please note I'm not a lawer and only interpretating what I read.
She is your main sponsor then she has to comply to the EEA regulation 2006 to be a qualified person
The other argument, what is the level of money your own self employment business is adding to both your income ? If its something higher than the level of british nationals in the scope of claiming benefits, then you may argue your case that you are self-sufficient but you would need to provide medical comprehensive insurance cover for the period.
I hope this helps and you may be able to win at the tribunal.I'm not sure how fast is the tribunal scheduling these days but it could take months.
At the same time you are writting for reconsideration sending all the additional information you mentioned (it may help further), do't forget to progress with your right or appeal too.
Good luck and let me knwo if there is anything else I may clarify to my understanding.