- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Sent all original documents including:-Obie wrote: I dont know the quality of evidence you provided, but given what you said, it seems they were wrong to refuse.n
So as a European you are not exercising treating rights when working or self-employed unless you have comprehensive sickness insurance? Where can I read about that?kabuki wrote:There are additional requirements when self-employed and looking for work. It seems like you have the jobcentre registration covered for when you were looking for work, but when you are self-employed, you have to have comprehensive sickness insurance for you and all of your dependents, otherwise you aren't considered as exercising your treaty rights.
Also, from what I understand, it's usually recommended to apply for PR first. It's cheaper and has the same eligibility requirements as naturalisation. (I think. Someone correct me if I'm wrong.)
kabuki wrote: It seems like you have the jobcentre registration covered for when you were looking for work, but when you are self-employed, you have to have comprehensive sickness insurance for you and all of your dependents, otherwise you aren't considered as exercising your treaty rights.
Also, from what I understand, it's usually recommended to apply for PR first. It's cheaper and has the same eligibility requirements as naturalisation. (I think. Someone correct me if I'm wrong.)
Well I will see what I can get from him tomorrow, but many thanks for your help.Obie wrote:Well the lawyer could wrote a letter to the citizenship people and challenge the refusal of naturalisation, but he seems a bit lazy.
As I said before, based on the evidence you claimed to have presented, the refusal seems unlawful.
Could it be that the Home Office did not count the residence of my wife from 2008? She landed here on Aug-2008 but did not receive her Residence Card till Aug-2009She is advised to ensure that she is free from any restriction on her stay here under the immigration laws before making a fresh application.
Have you been paying tax?omaral wrote:Hello all,
Application for my wife was refused, we received the letter today. So we made the application about seven months ago and today we received everything, all the evidence.
They refused the application on the ground that I did not pay National Insurance Contribution or Income Tax and the time that I was Jobseeker, they say there is no evidence of me been active seeking work.
Though I have always paid the National Insurance Contribution class2, would their refusal based on me not paying income tax correct decision?
Also, they are holding into her passport as they want to arrange deportation.
No, did not pay Income Tax as did not reach that threshold.noajthan wrote:
Have you been paying tax?
How about NI when selfemployed?
What evidence did you present as a jobseeker?
2005 - Arrival from HollandAbsence of paying tax (/NI) may be a trigger for further investigation as to whether the work was genuine and effective but should not lead directly to automatic refusal.
There is no requirement to pay UK tax/NI under EU law, only that the work is genuine and effective rather than marginal and supplementary.
You can see how caseworker would weigh up and assess your case in HO guidance, here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- ref page 12+ regarding tax
For time as a jobseeker, yes evidence of actively seeking work is required.
Date of issue of any RC is irrelevant; qualifying period runs from latest of:
- arrival in UK;
date of marriage;
sponsor starting to exercise treaty right (if not settled);
Thanks for your help.noajthan wrote:You need to show your work was genuine and effective;
you need to prove you were a jobseeker; being registered is a start but evidently not enough.
Being a jobseeker and self-employed together may be problematic.
I do not understand what you mean?Failing that you need to be a qualified person now to restart PR clock and give both you and wife a basis to remain in UK.
Proof PR for whom? Me or my wife? and how? What is DCPR&PRC?If you cannot obtain proof of PR (DCPR & PRC)
So should I as Dutch apply first for Residence Card(RC)?suggest you apply for RCs to confirm your statuses; especially with all this wild talk of Brexit.
Qualified person, one of:omaral wrote:Thanks for your help.noajthan wrote:You need to show your work was genuine and effective;
you need to prove you were a jobseeker; being registered is a start but evidently not enough.
Being a jobseeker and self-employed together may be problematic.
I do not understand what you mean?Failing that you need to be a qualified person now to restart PR clock and give both you and wife a basis to remain in UK.
Proof PR for whom? Me or my wife? and how? What is DCPR&PRC?If you cannot obtain proof of PR (DCPR & PRC)
So should I as Dutch apply first for Residence Card(RC)?suggest you apply for RCs to confirm your statuses; especially with all this wild talk of Brexit.
What is the most easy way to get any status for my wife and get her passport back, our son of five months is without a passport since the Dutch embassy require both parents passports.
If I get another part-time job, or change to full time job, would it make any difference? Is there a minimum I need to earn?
So can I use just one form EEA FM for both me(eea) and my wife(non-eea)? or we need to fill a separate form for each of us?noajthan wrote: Yes, if you and wife do not qualify for confirmation of PR yet then, assuming you can exercise treaty rights, suggest applying for RCs (1 each);
- EEA (QP) for you;
EEA (FM) for wife
If applying for RC (instead of DCPR/PRC) then use:omaral wrote:So can I use just one form EEA FM for both me(eea) and my wife(non-eea)? or we need to fill a separate form for each of us?noajthan wrote: Yes, if you and wife do not qualify for confirmation of PR yet then, assuming you can exercise treaty rights, suggest applying for RCs (1 each);
- EEA (QP) for you;
EEA (FM) for wife
Thanks, found them.noajthan wrote:
- EEA (QP) for you - qualified person;
EEA (FM) for wife - dependent
As long as you are not claiming anything you are not entitled to, it won't have an effect. Legally you are not required to complete that section.omaral wrote:Thanks, found them.noajthan wrote:
- EEA (QP) for you - qualified person;
EEA (FM) for wife - dependent
Public funds (state benefits)
They are asking for amount and date we started receiving them on both application, does claiming any of the following benefits have any impact on our application(s)?
- Child Benefit
- Child Tax Credit
- Working Tax Credit
- Housing Benefit
- Council Tax Benefit