EEA2 Self employed - What to include in accountant's letter?

[sunfly211]

Hi everyone

I am Vietnamese and married to a Hungarian national. We are about to make an EEA2 application for a RC as my husband is exercising EU treaty rights in the UK by being self-employed. We will include a letter from a chartered accountant on headed paper confirming his self-employment as follows:

"Dear Mr....,

We confirm that we have acted as your accountant since the commencement of self employment on the 1 October 2012. A self assessment tax reference has been applied for and we are waiting on HM Revenue and Customs to issue the number."


Also, we will enclose copies of my husband's business bank statements for the last 2 months (with HSBC) which show earnings.

I wondered if that is enough evidence to prove my husband's self-employment status.
Should we ask the accountant to provide more details about this such as earnings and so on?
Does anyone know if there is any recommended format of an accountant's letter which is likely to be accepted by UKBA?

Honestly, when we asked the accountant to provide a letter for us to accompany with the EEA2 application, he was not sure what to write in the letter...

Your advice is very much appreciated.

Best wishes.

[sunfly211]

Can anyone help me here please? I would be very grateful! Thanks in advance.

[fysicus]

Your husband is probably registered with HMRC (the UK tax office) as self-employed and gets quarterly bills for class 2 National Insurance.
Send a copy of one of those bills.

I would never ask the accountant to write a letter specifically for this application. Directly or indirectly he will charge for it. If you have letters he sent on your behalf to whatever institution, send a copy of such letters with your application.

[sunfly211]

Hi fysicus,

Thank you ever so much for your reply.

We actually got the letter from my husband's accountant already (for free of charge). And the letter just stated as I mentioned previously:

"Dear Mr....

To UK Border Angency - My husband's name - His NI number

We confirm that we have acted as your accountant since the commencement of self employment on the 1 October 2012. A self assessment tax reference has been applied for and we are waiting on HM Revenue and Customs to issue the number.

Yours sincerely"

This is because the accountant (on be half of my husband) has sent an application to register for the self employment starting on 1st Oct, but is still waiting on HM Revenue and Customs to issue the number of his self assessment tax reference (this may take up to 6 months as he explained to us). Therefore we have no such bills from HMRC yet. This is what makes me worry whether UKBA will accept this letter as a proof of my husband's self employed status or not.
Anyway we are thinking to enclose his business bank statements showing earnings for the last 2 months to make it more convincing. Do you think that would be alright?

[sheraz7]

@Sunfly211

Just keep in mind that self employment is the most difficult option than being self sufficient/worker because under this option UKBA always and most often want to see more extended documentation to justify the trading activities. Normally accountant letter, HMC tax papers, invoices, and most especially the business bank statements showing earnings through trading activities for more extended time (generally 6 months). I do not think 2 months business statements will be sufficient.

[sunfly211]

@sheraz7

Thank you so much for your advice.

The problem is my husband has been self-employed only since Oct 2012, therefore the accountant's letter and 2 months business bank statements are all the evidence we have atm. I do understand that self employment is the most difficult option, that's why I'm very worried.

Do you think we should wait a bit longer until we have more extended evidence in this case to submit with the application?

Best regards.

[sheraz7]

it is really up to you that you apply or not apply now because at maximum your application will be refused at no cost but will surely waste your time. this application is tottally free and its a mere confirmation of right. moreover, it also depend on the caseworker discretion too. But again generally 2 months statement is not sufficient. why not you consider other option such as self sufficient if it fits you but you need to buy medical insurance.

[sunfly211]

@sheraz7

I do not think the self-sufficient option fits us because the only fund we have to maintain our livings atm is from his self-employment (I can hardly find a job myself without a COA confirming the right to work). But it seems since my husband has become self-employed only recently and is still waiting for a self assessment tax reference and without no evidence of NI contribution paid yet, our application doesn't hold much weight. So we will postpone the application until his self employment status becomes more evident with sufficient documents then.

Thanks a lot again for your replies.

Best wishes.

[sheraz7]

how long your eea national partner is in uk. what was he doing before self employment. is he doing any other job even part time one?

[sunfly211]

how long your eea national partner is in uk. what was he doing before self employment. is he doing any other job even part time one?

My husband has been in the uk for 4 years. He was employed for the first 2 years. Then he was a sole trader for about a year before being emloyed again for another 6 months. And in Oct 2012 he started his own proper business i.e. Renting a workshop, hiring a chartered accountant, hiring employees, having business bank account. That's all he is doing atm.

Interestingly, I rang HO yesterday to ask for more details about what evidence they want for the case of self employment. I explained to the operator that since my husband has become self-employed recently, we haven't got much evidence related to HMRC yet. Then he suggested that we could include proof of my husband's previous employment if that took place for years, such the P45, P60 forms. It appears that they do want to see proof of tax being paid and so on... But I tend to think that wouldn't be relevant here and our application should be based on my husband'current status. Am I right?

[sheraz7]

i bet if you call later then different operator will give different suggestion. But as you said that your eea partner was sole trader before commencing current self employed business then be remembered that sole trader is also a kind of self employment. Has he got evidences for it. otherwise better to apply with bit more extended evidences than the one you got now.

[sunfly211]

i bet if you call later then different operator will give different suggestion. But as you said that your eea partner was sole trader before commencing current self employed business then be remembered that sole trader is also a kind of self employment. Has he got evidences for it. otherwise better to apply with bit more extended evidences than the one you got now.

Yeah we will apply with more extended evidences later then. Thanks sheraz7.

[Directive/2004/38/EC]

Apply now as self employed. They should ask if they need more information.

[UKnow]

Hi everyone

I am Vietnamese and married to a Hungarian national. We are about to make an EEA2 application for a RC as my husband is exercising EU treaty rights in the UK by being self-employed. We will include a letter from a chartered accountant on headed paper confirming his self-employment as follows:

"Dear Mr....,

We confirm that we have acted as your accountant since the commencement of self employment on the 1 October 2012. A self assessment tax reference has been applied for and we are waiting on HM Revenue and Customs to issue the number."


Also, we will enclose copies of my husband's business bank statements for the last 2 months (with HSBC) which show earnings.

I wondered if that is enough evidence to prove my husband's self-employment status.
Should we ask the accountant to provide more details about this such as earnings and so on?
Does anyone know if there is any recommended format of an accountant's letter which is likely to be accepted by UKBA?

Honestly, when we asked the accountant to provide a letter for us to accompany with the EEA2 application, he was not sure what to write in the letter...

Your advice is very much appreciated.

Best wishes.

Hi sunfly211
My own experience, The accountant need to write how much money your husband earned and how much is projected for the financial year as income. Send your husband's invoices for the two or three months since he started and Bank statements to prove the money is going in.
The length of the time is irrelevant ( in my case at least) as I was only starting self employment 2 -3 month before sending in my application.
Hope this helps