Supporting Documentation Required for Self-Employed Apps

[wiggsy]

Thanks very much. Is being self-employed a hard nail in the UK? Do normally companies prefer to employ someone on the basis of being self-employed or rather as a worker?

i think it is in the interests of LTD companies to have more employees as it helps their tax status? [but im no tax expert ]

being a sole trader I know that if i Employ somebody I need Employers Liability insurance etc, which will cost an extra 180/year... I dont need this insurance if I sub contract my work to a self employed freelancer etc...

Different companies have different needs and expectation etc... I have worked for some companies as self employed on temp basis (Take away delivery driver ETC) but this is generally because it benefitted myself and the company... (easier accounting / easier expense deducton for myself...) and they didnt need to produce pay slips / pay tax etc

Just bear in mind, if you only work for one company, HMRChave a thing which states your not self employed but in fact employed... so it is a touchy subject etc...

[Asikk]

Just bear in mind, if you only work for one company, HMRChave a thing which states your not self employed but in fact employed... so it is a touchy subject etc...

Oh, that is good to know. Thanks

[wiggsy]

FOR UK SELF EMPLOYMENT.

Not sure if people on here are aware of this... but if your earnings (thats whats left from your income, after expenses are deducted) are below the threshold, then you can apply for excemption to paying nic's.

http://www.hmrc.gov.uk/forms/cf10.pdf

you will be issued with a certificate, and this should not affect your claim to PR, as a UK national can do this too (equality etc).

[askmeplz82]

Thanks very much. Is being self-employed a hard nail in the UK? Do normally companies prefer to employ someone on the basis of being self-employed or rather as a worker?

basically depend. I am a worker and self employee too. You can be both

I work from home ( online business ) so i'm registred self employed

and also every week i work for different agencies ( Promo,sales ) work. Some agencies deduct NI/TAX from my salary and some don't and in that case i've to pay my own tax after calculation.

[Imshzd]

This guidance is based on the Immigration (EEA) Regulations 2006 and the Free Movement of Persons Directive 2004/38/EC
European Economic Area (EEA) and Swiss nationals – Free movement rights Self-employed person
About this guidance
Rights of admission to UK
Countries that qualify
This page tells you what information to consider if a European Economic Area (EEA) national wants to show they are a qualified person exercising free movement rights in the UK as a self-employed person.
An EEA national can exercise free movement rights in the UK as a qualified person if they are self-employed and registered for income tax and national insurance as a self-employed person with HM Revenue & Customs (HMRC).
If an EEA national says they are exercising free movement rights as a qualified person in this category, you must check there is evidence to support this.
For example:
 proof of registration with HMRC
 invoices for work done
 a copy of business accounts
 an accountant’s letter or other similar documents.
For more information on self-employment, refer to the HMRC website. See related link: Employment status.
Under regulation 6(3) of the Immigration (EEA) Regulations 2006, if an EEA national exercising free movement rights as a self-employed person is temporarily unable to work because of illness or accident, they can still be classed as self-employed.
An EEA national exercising free movement rights as a self-employed person can claim public funds like top up benefits for low paid workers or benefits for the involuntarily unemployed without their right of residence being affected. For more information on what constitutes a public fund, see related link: Public funds.
For help with a specific case, speak to your line manager or a senior caseworker.

In this section
Job seekers Worker
The Swiss agreement and posted workers
Conditions of free movement rights
Principles established by caselaw
Self-sufficient person Students
Assessing sufficient resources
British nationals with family members from outside the European Economic Area (EEA)
Links to staff intranet removed



Page 24 of 40 EEA and Swiss nationals: Free movement rights V8.0 valid from 21 August 2013

[Davmck70]

People are complaining that their self-employed applications are being ignored? Why?

Does anyone have practical experience of successfully applying for residence documentation as a self-employed person?

There have been a number of posters whose applications have been returned for lack of evidence. I'm interested to hear from those who've got practical experience of success.

To answer the above questions, it is important to follow the application guidelines as stated by UKBA. These include:

a. Valid evidence of identity (original passports/identity cards for both sponsor EEA national and non EEA national)

b. Evidence of exercising treaty rights via self employment
i. Evidence of NI contributions
ii. Bank statements showing incomes (personal bank not compulsorily business account)
iii. Accountant's letter (quite important)
iv. HMRC self assessment forms
v. Invoices/ Receipts
vi. Proof of advertisement of business (this can be achieved by free listing on yell, advert in newspapers or local magazines)

c. Evidence of relationship (original marriage certificate), joint bank accounts or building society statements, joint tenancy agreements, council tax bills or evidence that you are both paying utility bills at residential address

d. Evidence of living in UK e.g Voter's card, Electoral roll forms etc

In my situation, I ended up providing all the above listed evidences after my application was thrown out to appeal at first tier tribunal which was allowed by judge. HO later appealed to Higher tribunal and more evidences were provided including email from HMRC about completion of self assessment. HO later withdrew appeal from Higher court.

[EUsmileWEallsmile]

@ Davmck70,

I find your case rather interesting. The point of the thread that I'd started was that some posters appeared to have followed UKBA guidance and provided the information suggested only to have suffered a rejection.

You appear to have done this, been rejected, but succeeded on appeal. Were there any pertinent points about the appeal that you could share?

[Davmck70]

@ Davmck70,

I find your case rather interesting. The point of the thread that I'd started was that some posters appeared to have followed UKBA guidance and provided the information suggested only to have suffered a rejection.

You appear to have done this, been rejected, but succeeded on appeal. Were there any pertinent points about the appeal that you could share?

Yeah quite an interesting story which I have already posted elsewhere on the forum. I suppose you can view it here:

http://www.immigrationboards.com/viewto ... start=6300

Points of appeal was I ensured
*I had sufficient evidence which were presented by a good solicitor
*I sent my appeal bundles on time with appendices of evidences labelled one after the other so they do not claim it was not submitted
*I always have photocopies and electronic scanned copies of sent docs

Quite a challenging one cos the whole process lasted 2 years but I never gave up.

[EUsmileWEallsmile]

@ Davmck70, it is a pity that your story is buried within a timeline thread , where it may never be appreciated for what it is.

[ninkas]

Great news today ! applied for eea1&eea2 via self employed route.Receive both today
Married couple + 11 months baby
Application sent 30.08.13
Acknowledgment letter receive after 5 days
COA received on 18.09.2013 with right to work dated 09.09.2013
Passport eea requested 14.10.2013 received 19.10.2013
RC received 01.11.2013 our case was NOT straight forward-my hubby was illegal entrant
Self employed-cleaner since November 2012
I attached:
1.marriage certificate- we married in 2011
2.our son's birth certificate
3.NIC payment slip and proved that I paid-NO DD !
4.Copy of DD for NIC but money will be taken next month only
5.Child benefit letter
6.letter from HMRC about the end of the tax year
7.letter from HMRC with code for self assesment
8.self assesment itself-printed out from my account with HMRC
9.My NINO original document
10.email from HMRC proving that I submitted my tax return online
11.10 invoices printed with my logo
12.8 bank statements-PERSONAL ACCOUNT-but statement looked good money wise
13.tennancy agreement x2 since 2011 till now with both our name on it
14.print out from my website
15.5 business card-not returned LOL

I do NOT have accountant and I explained it in my cover letter.I explained as well how I advertised my services-yell.com.yelp.co.uk

[knitter]

I'm a EU citizen and my application for a permanent Residence Certificate was refused.
I was employed and self employed.

Despite including NI contributions and pension statement, they said that there were not enough invoices to demonstrate a continuity.
I find this quite absurd. It doesn't say anywhere how big the gaps can be between an invoice and the other. There's no rule.
And in the event that someone earns a fortune with every invoice, why couldn't there be just, let's say, an invoice a year?

I find their rules discriminatory towards the self employed. There seems to be an unacceptable degree of discretion to cover up for the lack of rules.

[Nimitta]

I just receive a letter from the HO confirming my status after divorce. Yeah...

Both EEA and non-EEA are self-employed.

Divorce certificate (mine does show the date of divorce initiation btw)

EEA:
- Self-assessment forms for 2011-2012, 2012-2013 *
- Purchase orders, invoices and banks statements showing payments of NIN, taxes and income covering 1 year.**
- Rental agreement***
- Website printout

non-EEA
- Self-assessment forms for 2011-2012, 2012-2013
- Purchase orders, invoices and banks statements (for business and personal bank account) showing payments of NIN, taxes and income since the date when divorce was finalized until the date of application.
- Accountant letter
- website printout
- business cards

Cover letter

*, **, *** Basically for ROR one has to show that EEA has been working during divorce procedure. However, EEA has to reside in the UK for 1 year before the procedure has been initiated, and I was not quite sure how to prove that. Hence, documents marked with asterisks. I am a non-EEA, and my passport would've been stamped by IO (I had lived in the UK for 1.5 years before receiving the RC).

Business and personal account statements. Yes, I know that self-employed do not have to present business account statement to the HO, and the HMRC does not require it either. It's my bank. They insisted upon opening business account. So, some business transactions went via my personal bank account, some via my business account, same applies to NIN payments and business expenditures. In cover letter, I explained why I included bank statements for both accounts, and highlighted the relevant transactions.

Letter from Accountant. Yes, I did not have to present this one either. And yes, filling in self-assessment form is fairly simple. Still it takes time and I was very, very, very busy. I would have hired one anyway, so since I had one anyway, I asked her to write a letter.

The timeline:
21/10/2013 Application sent
14/12/2013 RC received

[askmeplz82]

I just receive a letter from the HO confirming my status after divorce. Yeah...

Both EEA and non-EEA are self-employed.

Divorce certificate (mine does show the date of divorce initiation btw)

EEA:
- Self-assessment forms for 2011-2012, 2012-2013 *
- Purchase orders, invoices and banks statements showing payments of NIN, taxes and income covering 1 year.**
- Rental agreement***
- Website printout

non-EEA
- Self-assessment forms for 2011-2012, 2012-2013
- Purchase orders, invoices and banks statements (for business and personal bank account) showing payments of NIN, taxes and income since the date when divorce was finalized until the date of application.
- Accountant letter
- website printout
- business cards

Cover letter

*, **, *** Basically for ROR one has to show that EEA has been working during divorce procedure. However, EEA has to reside in the UK for 1 year before the procedure has been initiated, and I was not quite sure how to prove that. Hence, documents marked with asterisks. I am a non-EEA, and my passport would've been stamped by IO (I had lived for one year before applying for the RC).

Business and personal account statements. Yes, I know that self-employed do not have to present business account statement to the HO, and the HMRC does not require it either. It's my bank. They insisted upon opening business account. So, some business transactions went via my personal bank account, some via my business account, same applies to NIN payments and business expenditures. In cover letter, I explained why I included bank statements for both accounts, and highlighted the relevant transactions.

Letter from Accountant. Yes, I did not have to present this one either. And yes, filling in self-assessment form is fairly simple. Still it takes time and I was very, very, very busy. I would have hired one anyway, so I did.

The timeline:
21/10/2013 Application sent
14/12/2013 RC received

It should * exercise treaty right during divorce procedure ( for example working )

[Nimitta]

It should * exercise treaty right during divorce procedure ( for example working )

You quoted the whole message. Which part does your comment refer to?

[Artur1]

Hi Nimitta,

First of all, congratulations!

I'm awaiting my Decree Absolute and then I will be sending my application for RoR. My wife is self-employed too like in your case. Did you send business bank statement for your EEA partner too or was he using personal account for NI contributions and income deposits?

Many thanks

[Nimitta]

I'm awaiting my Decree Absolute and then I will be sending my application for RoR. My wife is self-employed too like in your case. Did you send business bank statement for your EEA partner too or was he using personal account for NI contributions and income deposits?

Many thanks

Thank you! No, I did not send business bank statements for EEA. He uses personal account to pay NI, taxes and receive payments from clients.

Good luck with your ROR application!

[Artur1]

Thank you for your reply!

Then I shouldn't be worried about sending personal bank account statements for my wife.

Merry Christmas

[avellana86]

Here is a link to the latest guidance as the link in the OP is broken.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[EUsmileWEallsmile]

Here is a link to the latest guidance as the link in the OP is broken.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks for pointing that out, original post edited with link updated.

[donreal4k]

Hello all,
Am new to this. This is my story;
Came here 02/2008 on student visa
Got married to an eu national 10/2009
Only granted RC in 2011
Expires 2016
About going through a divorce but she did not work for a year and three month and was claiming income support.she is currently about to take up employment at the moment.we both have a son who is 2.
I work and support my son by paying money every month into her account from mine.
I really don't know whether to apply for retainer right of residence through access right or PR upon the completion of the 5years given for RC
Also have a British child that support as well
Please I need help with proper advise on the appropriate step to follow.

[dunca]

for a Self Employed cleaner that receives payment in cash.

has anyone successfully applied via self assessment route without presenting a bank account

[behold2014]

please we need update here!

[univas01]

SELF EMPLOYED APPLICATION
EEA2 Application posted : 05-03-2014
Application received: 06-03-2014
Acknowledgement issued: 07-03-2014
COA(right to work) issued: 10-03-2014
Acknowledgment recieved: 13-03-2014
COA received : 17-03-2014
RC received : 10-05-2014 (dated 02-05-2014)

Supporting documents

(I) Covering Letter : Explaining the following issues;
-My wife has personal bank account (not business account) as it is not mandatory by HMRC for self employed person.
-Nearly all her business transactions are on cash basis, hence need for Accountant is not required.
-Her business have been advertised online, yelp.co.uk and yell.com.

(II) Valid Evidence of Identity
-My original passport and,
-Wife's original passport

(III) Evidence of Excercising Treaty Right via Self Employment: Documents include;
-Evidence of NI contributions
-Personal bank statements
-HMRC self assessment forms
-Emails from HMRC
-Invoices/Receipts
-Business Cards
-Flyers

(IV) Evidence of Relationship
-Original marriage certificate (Married in the UK)
-Joint bills

(V) Evidence of living in the UK
-Wife's voters card
_Wife's bills (which are not joint)
-My bank statements (not needed though)

(VI) Recommendation letter from customers ( I added one but I will advice you add atleast two).

I never engaged the services of Solicitor, I gathered all these information and documents required for self employment application from this forum. Then, I have valid visa till ending of the year.

All I can say is, Alhamdulillah, I give thanks to Almighty Allah and wonderful members from this forum. You have been so helpful and Its my pleasure to give back to this forum.

[behold2014]

what do you think you would have been refused if had not provided invoices but provided accountant letter?

[JulianaV]

for a Self Employed cleaner that receives payment in cash.

has anyone successfully applied via self assessment route without presenting a bank account

Not my case...but I'm very curious about this scenario.

Also could someone clarify me the volume of proof that's sent ? Exemplo: Bank statements containing how much weeks/months/years ? I'm considering to use this route, but I just have 3 months in UK and my NINO has been issued only last week and I'm still need to create records on HMRC, etc..