EEA Family-refusal to issue a residence card

[ivantin]

Hi ,

Yesterday I got the letter from Home Office, which refusal to issue a residence card : (
My spouse is Italian, come to UK work since June 2013 as a Bricklayer. When I applied the Residence card, I supplied :
1.application form
2.my and my husband Italian ID card
3.Italian Marriage certificate
4.wage slip (print out form e-slips)
5.Bank statement

The rejection reason from Home Office:

As evidence of my sponsor exercising his treaty rights you have stated on your application form that your spouse is self employed and trading as a builder.
You have supplied HMRC letters dated 25 April 2014 and 29 April 2016 requesting for your sponsor to submit their self assessment t tax return for this claimed employment. There has been no evidence that this information has been submitted, and HMRC have been unable to calculate the relevant taxable pa and National insurance contribution.
Although your spouse has submitted wage slip from his sub contracted employment, it does not show any deductions fro national insurance.
The company that your spouse is claimed to be subcontracted with was unable to establish your sponsor was exercising his treaty rights in the United Kingdom.

This letter also said that
You are entitled to appeal against this decision.

My question is:
1. How can I appeal? is there time limited?
2. My husband only get pay slip from agency, the pay slip all state how much tax he paid, why
or how can we give more proof?


any reply will be appreciated :）

[noajthan]

Hi ,

Yesterday I got the letter from Home Office, which refusal to issue a residence card : (
My spouse is Italian, come to UK work since June 2013 as a Bricklayer. When I applied the Residence card, I supplied :
...

This letter also said that
You are entitled to appeal against this decision.

My question is:
1. How can I appeal? is there time limited?
2. My husband only get pay slip from agency, the pay slip all state how much tax he paid, why
or how can we give more proof?

any reply will be appreciated :）

The problem seems to be lack of evidence of paying tax & NI to help show selfemployment.
Is hubby paying tax/NI?

You could also submit a letter or contract from such business arrangements (customer/employers)
Does hubby have any accounts and/or invoices for any other work?

[Casa]

The refusal mentions that no National Insurance (NI) deductions were shown on the agency pay slips. How has he been paying NI contributions?

If he is registered as self-employed, why didn't he submit self-assessment tax returns as requested by HMRC?

[noajthan]

This HO guidance shows what is required from selfemployed qualified persons:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- page 18+

Applicants must provide evidence to show they meet the factors listed below:

• economic activity;
  responsibility and personal freedom;
  genuine and effective self employment;
  registration with HMRevenue & Customs (HMRC);