How to prove self-employment EEA 4

[nel974]

Can anyone define what you need to prove your treaty right if your spouse is self-employed.
Is there any specific amount of income?
Is there any allow gap in employment?
what do we need to show?
I am married to a French national and applied for PR for both of us.My wife a teacher and during five years she was part employed part self-employed. Her average earning per year was £10000. The proofs we submitted are

1- 2010 to 2015 tax calculation by HMRC and SA302 2014 and 2015 NI contribution, statement
2- Her website, twitter, Facebook, Linkden, fliers, contracts, some employment payslips, emails, advertisement of Gumtree and Lingo etc
3- Bank statement showing payment from employment, self-employment companies, and cash from private student
during 5 years
Her employment earning is around £11000, her self-employment with companies is around £ 14000 and private students earning is around £23000.
my application is submitted by solicitor should I send more evidence to them, like all SA302 or letters from students etc
please advise
nel974
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Posts: 9
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[noajthan]

Can anyone define what you need to prove your treaty right if your spouse is self-employed.
Is there any specific amount of income?
Is there any allow gap in employment?
what do we need to show?
I am married to a French national and applied for PR for both of us.My wife a teacher and during five years she was part employed part self-employed. Her average earning per year was £10000. The proofs we submitted are

1- 2010 to 2015 tax calculation by HMRC and SA302 2014 and 2015 NI contribution, statement
2- Her website, twitter, Facebook, Linkden, fliers, contracts, some employment payslips, emails, advertisement of Gumtree and Lingo etc
3- Bank statement showing payment from employment, self-employment companies, and cash from private student
during 5 years
Her employment earning is around £11000, her self-employment with companies is around £ 14000 and private students earning is around £23000.
my application is submitted by solicitor should I send more evidence to them, like all SA302 or letters from students etc
please advise

There are no specific criteria defined in EU law (for hours, turnover, income etc).
The economic activity based upon self-employment simply needs to be 'genuine & effective'.

This HO guidance will help place yourself in the mind of the caseworker assessing such an application:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 18+

However also be aware that HO, somewhat controversially, seems to apply its MET (benefits-related) test to help determine whether someone is considered to be a self-employed person.
See https://www.gov.uk/government/news/mini ... introduced

[nel974]

noajthan thanks alot
But we never applied for any kind of benefits and if you consider my wife's all employment's income is around £ 45000.00 its after taking out the cost of running self-employment,
since December 2014 she was part time employed earning £14000/year
and since June 2015 she got same job as full time as £ 37000/year
But we applied for PR from march 2010-March 2015
2010-11 total rounded income 9700
2011-12 total rounded income 8700
2012-13 total rounded income 9100
2013-14 total rounded income 9400
2014-15 total rounded income 10500
The problem is her history is mixture of self-employment, employment, self-employment contract, private tuition etc

[noajthan]

noajthan thanks alot
But we never applied for any kind of benefits and if you consider my wife's all employment's income is around £ 45000.00 its after taking out the cost of running self-employment,
since December 2014 she was part time employed earning £14000/year
and since June 2015 she got same job as full time as £ 37000/year
But we applied for PR from march 2010-March 2015
...
The problem is her history is mixture of self-employment, employment, self-employment contract, private tuition etc

There is no problem with switching between categories of qualified person.

You just need to submit adequate supporting documentary evidence (oodles of it).
From what you've outlined it sounds like you are on the right track with that.

Also make sure there are no unaccounted gaps between categories, (certainly no more than a few days).

[nel974]

this is what solicitor mentioned but there are many others weight was like 4 kg
1. Letter from current school dated 08/12/2014 confirming her part time employment;
2. Contract of Employment with current school dated 08/09/2015 confirming her full time employment;
3. Payslips from employment with current school from 2014 – 2015;
4. Payslips from employment with xxxx Education (2013-2014);
5. Letter from xxxxx Council dated 25/04/2013 with PAYE details for 2010-2011 and 2011-2012;
6. Payslips from employment with xxxxx Council (2010-2012);
7. Letter from accountant confirming she has been self-employed since 200;
8. Class 2 NI Contributions bill dated 14/12/2015 confirming payment;
9. Tax Calculations from HMRC with evidence of payments for tax years 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015;
10. SA302 for tax years for 2014 and 2015;
11. Contracts for Services with xxxxxx (2011), xxxxx Academy (2013) and xxxxx inguistics (2012) (self-employment);
12. Attendance Registers and invoices with xxxxx;
13. Invoices and Class Attendances for work carried out with the High Commission of xxxxxx;
14. EEA applicant’s Barclays Bank Statements dated March 2010 to October 2015;
15. Post Office Business Insurance Statement for EEA applicant’s business dated 22 September 2011;
16. Print-out of EEA applicant’s business ‘xxxxxxxxx’ Twitter feed (created in 2010) dated 11 June 2015;
17. Print-out of EEA applicant’s business ‘xxxxxxxxx’ Facebook feed (created in 2010) dated 11 June 2015;
18. Print-out of EEA applicant’s business ‘xxxxxxxxxx’ website (created in 2010) dated 11 June 2015;
19. Emails between EEA applicant and xxxxxx Education dated 2011 and 2013;
20. Emails between EEA applicant and xxxxxx Linguistics dated 2012;
21. Emails between EEA applicant and xxxxxx Academy dated 2014;
22. Emails between EEA applicant’s business Languages for All and various client’s dated 2015;
23. Emails between EEA applicant and private students dated 2011 to 2015;
24. Emails between EEA applicant and xxxxxxxx high Commission dated 2010;
25. Emails between EEA applicant and xxxxxxxxx Learning Services dated 2010

[nel974]

hi,
Should I send profit and loss statement from accountant, I have already sent letter from accountant?

anyone please