EEA ILR/PP self employed in a different country during stay in UK

[utterlyconfusedd]

Hi,

I'm going through my application for ILR, and I've got all my period covered, either as employed or a job seeker.

However at the beginning of my stay here I am going to go for a self-sufficient status for about the first 9 months. I was self employed in a different country, while simultaneously working for an employer here who didn't pay any tax or NIN contributions (I had no clue!), and I was living here (have bank statements). I have EHIC and UK bank statements - do I need anything else?

1) As I was self employed in my country of birth during that period - I've submitted my earnings for that period to HMRC as self employed in a different country (I lived here for the whole period), but I've simply put I've used my "own savings" during that time period. Do I need to put more information on this? Like submit tax return for the period?

Does that mean I wasn't self-sufficient, but self employed? There's a question on the form if I was self employed in the UK - technically not in the UK, but I did submit my earnings, so according to HMRC, I was?

2) I also reported my earnings to HMRC for that bad employer in the UK who wasn't paying any tax or contributions for this time. Should I mention this in my application? I think I'll have to mention it, if I submit that self employed tax return. Hopefully this would be fine?

[manomaly]

Hi,

To be clear, I'm asking:

- should I go for a self-sufficient person or self-employed? I was living here, self-employed in the EU and did my tax return in the UK. I paid tax through HMRC (as well as in the EU) - but I cannot see NIN contributions on the tax return, so not sure if I was paying that? I had my EHIC.

- if I go for self-sufficient, then are the bank statements and EHIC enough? Or should I mention my tax return and send it through with other documents?

[Casa]

Hi,

To be clear, I'm asking:

- should I go for a self-sufficient person or self-employed? I was living here, self-employed in the EU and did my tax return in the UK. I paid tax through HMRC (as well as in the EU) - but I cannot see NIN contributions on the tax return, so not sure if I was paying that? I had my EHIC.

- if I go for self-sufficient, then are the bank statements and EHIC enough? Or should I mention my tax return and send it through with other documents?

Why are you posting under two different user names

[manomaly]

I couldn't remember my password and I couldn't reset it, so I created a new user name (utterly), then I saw my original password was saved on a different computer. I'm not sure which one to use now..

[CR001]

I couldn't remember my password and I couldn't reset it, so I created a new user name (utterly), then I saw my original password was saved on a different computer. I'm not sure which one to use now..

Decide which one before both are banned.

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[NikiGio]

my application for ILR

Do you mean you're applying for EEA (PR)?

However at the beginning of my stay here I am going to go for a self-sufficient status for about the first 9 months. I was self employed in a different country, while simultaneously working for an employer here who didn't pay any tax or NIN contributions (I had no clue!), and I was living here (have bank statements). I have EHIC and UK bank statements - do I need anything else?

1) As I was self employed in my country of birth during that period - I've submitted my earnings for that period to HMRC as self employed in a different country (I lived here for the whole period), but I've simply put I've used my "own savings" during that time period. Do I need to put more information on this? Like submit tax return for the period?

This is quite a unique situation - have you thought about consulting a lawyer for an hour just to get their advice on this?

Given you submitted a self-employed tax return to HMRC for your earnings during those 9 months when you were working for the bad employer + self-employed in your country and you paid tax to HMRC - saying you were self-sufficient would technically be lying.

Provided it's advisable for you to cover those 9 months as a self-sufficient person given you were actually working, you would need to have had Comprehensive Sickness Insurance during that period - if you had EHIC as you say, then that's the equivalent of CSI and is enough.

2) I also reported my earnings to HMRC for that bad employer in the UK who wasn't paying any tax or contributions for this time. Should I mention this in my application? I think I'll have to mention it, if I submit that self employed tax return. Hopefully this would be fine?

Yes, I'd mention it.

I have EHIC and UK bank statements - do I need anything else?

The HO guidance published in April says that they accept any of the following:

- proof of self-assessment with HMRC (SA300/SA302)
- business accounts
- P60s, including tax and NI contributions for the relevant period.

I would also add the bank statements - if they are printed online bank statements, you need to get your bank to stamp each page. If they are original bank statements sent by post, these are fine and no need for stamp.

I would explain all the situation in a covering letter anyway, as you did in your post.

Another alternative for you to consider would be to hold off until March 2019 when Settled Status comes in - at that time, you will only need to prove residency and not work. This would make things easier in your case.