can anyone help me please.

[Sherenai]

Hi all
I need your guys advise on this please.
My EEA3 application has been refused today.reason of refusal is as follows.

In your application you state that you were self-employd for 2 continuous years.you have provided the following evidence to support this. HMRC NIC Contribution letter dated 30 march 2013 and 6 october 2012
HMRC Letter 16 april 2013.

it is noted that you have provided no evidence of how you were exercising treaty rights in the United Kingdom from 2008 to present.
based on the evidence provided this department is unable to establish whether you have been excercising treaty rights in the United Kingdom for continuous period of 4 years whilst self employed as there is insufficient evidence provided for the period 2009 to present .on that basis you have failed to provide evidence you have resided in the United Kingdom accordance with these regulations for continuous period of five years.

from the above provided it is deemed that you have provided insufficient evidence of your current economic activity in the United Kingdom you have failed to submit any evidence f 4 full years paid national contribution made on your behalf.
as a self employment person in the United Kingdom it is required that you made these payments and provide evidence of these to this department,this could be he form of official stamped HMRC documents or evidence of Direct debit payment made via bank statement.

whilst every attempt has been by this department to establish thee payments have been made ,the burden of proof rests with the applicant to provide such evidence and you have failed to do so.

you have also failed to submit any evidence of work carried out such as recent invoices and statements ,audited accounts business bank statements clearly showing payments received or any advertisement that you may have in order to generate work.

therefore,it has been decided to refuse to issue the confirmation you seek with reference to regulation 15(1)(a) of the immigration (EEA)regulation 2006.

now to support my application i provided the following.
1) employer letter with letter from HMRC stating my earning in 2008 2009.
2)letter from job centre (unemployed from jan 2009 till march 2009.
3)2 letter (invoices) showing NIC from march 2009 till present.
4)utility letters ,tenancy agreement for full 5 years period.

you guys are kindly requested to advise me whether i should make a fresh application or appeal against the decision providing the requied documents such as NIC paid statements and few invoices related to me self employment.

thank you all for sparing your precious time to read this and will highly appreciate your opinion and advice.

[Imshzd]

Home office is on right position as your documents are not enough to prove your self employment.

So if you go for appeal then may be the out come will be same.

For self employed persons check This link.

http://www.immigrationboards.com/viewtopic.php?t=105916.

[Sherenai]

You mean I should make a fresh application and provide two more things to my previous documents.
One evidence of NIC paid statement and other some invoices which proves my selfs employment.
That's two things that HO have asked for.

[Sherenai]

You mean I should make a fresh application and provide two more things to my previous documents.
One evidence of NIC paid statement and other some invoices which proves my selfs employment.
That's two things that HO have asked for.

I can see that my post has been viewed 133 time but I don't know why I an not getting any advice.
All I am asking for is.
If I go in to appeal will I have to provide the documents that HO mentioned in the refusal letter or do I provide them with all documents.
Or is it a good idea to appeal or shall I go a head with fresh application.
Thank you guys really needs your help.

[Imshzd]

You mean I should make a fresh application and provide two more things to my previous documents.
One evidence of NIC paid statement and other some invoices which proves my selfs employment.
That's two things that HO have asked for.

I can see that my post has been viewed 133 time but I don't know why I an not getting any advice.
All I am asking for is.
If I go in to appeal will I have to provide the documents that HO mentioned in the refusal letter or do I provide them with all documents.
Or is it a good idea to appeal or shall I go a head with fresh application.
Thank you guys really needs your help.

You can do both,appeal and fresh application on the same time.

[wiggsy]

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


not all self employed people have to pay class2 nics.

If your earnings are low, then it is voluntry to pay or not... so their argument of needing to pay is flawed...

[Sherenai]

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


not all self employed people have to pay class2 nics.

If your earnings are low, then it is voluntry to pay or not... so their argument of needing to pay is flawed...

I have paid all my NIC 2 and can provide evidence in shape of bank statement paid to HMRC.
The other thing that HO is asking for is evidence of how do I carry out my work.
I sew clothes at home and can only show a few invoice may be for the stuff that have bought for my work as I deals in cash.

[wiggsy]

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


not all self employed people have to pay class2 nics.

If your earnings are low, then it is voluntry to pay or not... so their argument of needing to pay is flawed...

I have paid all my NIC 2 and can provide evidence in shape of bank statement paid to HMRC.
The other thing that HO is asking for is evidence of how do I carry out my work.
I sew clothes at home and can only show a few invoice may be for the stuff that have bought for my work as I deals in cash.

surely you have put the money made into a bank before recashing it ?
I have a personal account / credit card that i use soley for business. (purchase domains / buy batteries for camera flash guns / new cds etc on CC) the money i get in cash goes into the bank, then a few days later I withdraw the cash - the process of withdrawing it etc doesnt need documenting as im self employed sole trader its my money anyway... (its more complicated with a LTD).

this establishes your income coming in. - luckily most of my income is online via paypal so to withdraw it i have to put it into a bank.
(i use a personal account as business accounts have costs associated with them to pay cash in).

there are lots of reciepts you keep for cloth / material / etc, and then your cash flow books? (the most basic part of book keeping for a business...)

just think: if the HMRC wants to audit your income... what would you show them... ?

Also, do you drive a car / van for business? If so, i assume you have mileage logs for your vehicle with destination / reason for jorney etc)

http://www.hmrc.gov.uk/sa/rk-bk1.pdf

[sheraz7]

The other thing that HO is asking for is evidence of how do I carry out my work.
I sew clothes at home and can only show a few invoice may be for the stuff that have bought for my work as I deals in cash.

A self employment can be carried out in the same house/room too and the 1st HMRC self employment registration letter bearing tax unique code always addressed to the address where the business is registered which is also evidence. If the earnings are low then a person can apply a Certificate of Small Earnings Exception (SEE) as evidence.

[Sherenai]

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


not all self employed people have to pay class2 nics.

If your earnings are low, then it is voluntry to pay or not... so their argument of needing to pay is flawed...

I have paid all my NIC 2 and can provide evidence in shape of bank statement paid to HMRC.
The other thing that HO is asking for is evidence of how do I carry out my work.
I sew clothes at home and can only show a few invoice may be for the stuff that have bought for my work as I deals in cash.

surely you have put the money made into a bank before recashing it ?
I have a personal account / credit card that i use soley for business. (purchase domains / buy batteries for camera flash guns / new cds etc on CC) the money i get in cash goes into the bank, then a few days later I withdraw the cash - the process of withdrawing it etc doesnt need documenting as im self employed sole trader its my money anyway... (its more complicated with a LTD).

this establishes your income coming in. - luckily most of my income is online via paypal so to withdraw it i have to put it into a bank.
(i use a personal account as business accounts have costs associated with them to pay cash in).

there are lots of reciepts you keep for cloth / material / etc, and then your cash flow books? (the most basic part of book keeping for a business...)

just think: if the HMRC wants to audit your income... what would you show them... ?

Also, do you drive a car / van for business? If so, i assume you have mileage logs for your vehicle with destination / reason for jorney etc)

http://www.hmrc.gov.uk/sa/rk-bk1.pdf

Never done that putting the money in to my account before spending.
And didn't really know that I should.
You are absolutely right what if HMRC want to audit.
For me it's slightly different and difficult as I have to work with my two children and at same time Some house work as well so whatever I earn through sewing clothes I never bothered.
I don't know what is your good advice that I should do.

[wiggsy]

Never done that putting the money in to my account before spending.
And didn't really know that I should.
You are absolutely right what if HMRC want to audit.
For me it's slightly different and difficult as I have to work with my two children and at same time Some house work as well so whatever I earn through sewing clothes I never bothered.
I don't know what is your good advice that I should do.

These are just some of the suggestions to help show your self employed... Did you not make ANY record of who you did work for etc? how did you complete tax returns? im sure there are bold warnings on the tax returns about acurate record keeping and audits etc...? my first year i kept really poor records, i was only young, and didnt really understand etc. I was lucky to start working in a small company and the payroll manager was always giving me lots of tips etc (the one about the seperate bank account etc

the rest of it was just finding out how i can LEGALLY pay as little tax as possible... everything from washing my clothes for work to the cost of my business mobile (PAYG for personal use )

My internet cost is 50/50 business and pleasure. and HMRC confirmed to me that splitting the cost of the tel line and bb supply equally is sufficient (most people put the entire cost onto their tax return when they work from home - which is the kind of thing that sparks audits)

also, if you work from one room in your home (an entire room dedicated to your business) you can calculate the precentage of your household bills as business expense - soon adds up with £1200 utilities for gas/elec/water at about 20%)

This is why im shocked that, as a self employed person, you cannot show proof? when you registered for NIC's, the HMRC usually offer you free workshops on book keeping ETC too?

[Sherenai]

Never done that putting the money in to my account before spending.
And didn't really know that I should.
You are absolutely right what if HMRC want to audit.
For me it's slightly different and difficult as I have to work with my two children and at same time Some house work as well so whatever I earn through sewing clothes I never bothered.
I don't know what is your good advice that I should do.

These are just some of the suggestions to help show your self employed... Did you not make ANY record of who you did work for etc? how did you complete tax returns? im sure there are bold warnings on the tax returns about acurate record keeping and audits etc...? my first year i kept really poor records, i was only young, and didnt really understand etc. I was lucky to start working in a small company and the payroll manager was always giving me lots of tips etc (the one about the seperate bank account etc

the rest of it was just finding out how i can LEGALLY pay as little tax as possible... everything from washing my clothes for work to the cost of my business mobile (PAYG for personal use )

My internet cost is 50/50 business and pleasure. and HMRC confirmed to me that splitting the cost of the tel line and bb supply equally is sufficient (most people put the entire cost onto their tax return when they work from home - which is the kind of thing that sparks audits)

also, if you work from one room in your home (an entire room dedicated to your business) you can calculate the precentage of your household bills as business expense - soon adds up with £1200 utilities for gas/elec/water at about 20%)

This is why im shocked that, as a self employed person, you cannot show proof? when you registered for NIC's, the HMRC usually offer you free workshops on book keeping ETC too?

I do complete my tax return through self assessment account on HMRC website, but don't go through those details.
Put my approx earning and that's it.
If I provide complete self assessment forms with proof of paid NICs and some invoice related to my work. Would that help or do you think I should contact an accountant to deal with my self assessment.
I am out of clues.

[askmeplz82]

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


not all self employed people have to pay class2 nics.

If your earnings are low, then it is voluntry to pay or not... so their argument of needing to pay is flawed...

I have paid all my NIC 2 and can provide evidence in shape of bank statement paid to HMRC.
The other thing that HO is asking for is evidence of how do I carry out my work.
I sew clothes at home and can only show a few invoice may be for the stuff that have bought for my work as I deals in cash.

surely you have put the money made into a bank before recashing it ?
I have a personal account / credit card that i use soley for business. (purchase domains / buy batteries for camera flash guns / new cds etc on CC) the money i get in cash goes into the bank, then a few days later I withdraw the cash - the process of withdrawing it etc doesnt need documenting as im self employed sole trader its my money anyway... (its more complicated with a LTD).

this establishes your income coming in. - luckily most of my income is online via paypal so to withdraw it i have to put it into a bank.
(i use a personal account as business accounts have costs associated with them to pay cash in).

there are lots of reciepts you keep for cloth / material / etc, and then your cash flow books? (the most basic part of book keeping for a business...)

just think: if the HMRC wants to audit your income... what would you show them... ?

Also, do you drive a car / van for business? If so, i assume you have mileage logs for your vehicle with destination / reason for jorney etc)

http://www.hmrc.gov.uk/sa/rk-bk1.pdf

Never done that putting the money in to my account before spending.
And didn't really know that I should.
You are absolutely right what if HMRC want to audit.
For me it's slightly different and difficult as I have to work with my two children and at same time Some house work as well so whatever I earn through sewing clothes I never bothered.
I don't know what is your good advice that I should do.

I don't think Bank account is important. I know a polish guy who got PR back in 2010 probably now a British citizen and guess what he been living in the Uk for 9/10 years but never had a bank account. He is a construction worker and he pays his own insurance/tax. I don't have any contact with him anymore or else would ask

It is perfectly legal to work cash-in-hand, but to stay on the right side of the law you have to declare the earnings to both Her Magesty's Revenue and Customs (HMRC) and the benefits people.

[wiggsy]

I do complete my tax return through self assessment account on HMRC website, but don't go through those details.
Put my approx earning and that's it.
If I provide complete self assessment forms with proof of paid NICs and some invoice related to my work. Would that help or do you think I should contact an accountant to deal with my self assessment.
I am out of clues.

You didnt supply self assessment tax returns? - this is prob why your application was refused...

You can print all your old SA's from the HMRC website.

Also. you do know that the income isnt an approx figure. it should be the actual figure. - hence record keeping.


@Askmeplz

"It is perfectly legal to work cash-in-hand, but to stay on the right side of the law you have to declare the earnings to both Her Magesty's Revenue and Customs (HMRC) and the benefits people."

It is legal to work cash in hand (this is self employment) - however, it is an offence to commit tax evasion etc (tax AVOIDANCE is the method of avoiding tax legally)

You dont NEED a bank account. But it actually HELPS prove your income - and does a lot of your record keeping by way of bank statements...

Credit card payment to X for £x.xx - annotate statement "purchase of ink for printer"
Cash in £x.xx < payment from X for invoice XXX

ETC.

construction worker would most likely been a sub contractor, but sub contractors in the construction industry work differently to a fully self employed person.

Tax etc is VERY complicated overall. Two different businesses tax returns etc are totally different.

IE: you CAN just enter your gross income on your tax return, followed by GROSS expenditure. = profit.

however, you can also enter seperate values for expenditure. IE: rates, telephone, stationary, and so on...


this is the sort of information you complete on the self employed Self Assessment...

Self-employment (short)
Your name:
xxxxxxxx
Your unique taxpayer reference (UTR):
xxxx

Business details
1. Description of business:
xxxxxxxxxxxxx
2. Postcode of your business address:
xxxxxx
3. If your business name, description, address or postcode have changed in the last 12 months, put 'X' in the box and give details in the 'Any other information' box of your Tax Return:

4. If you are a foster carer or adult placement carer, put 'X' in the box:
Not Entered
5. If your business started after 5 April 2010, enter the start date DDMMYYYY:
Not Entered
6. If your business ceased before 6 April 2011, enter the final date of trading:
Not Entered
7. Date your books or accounts are made up to:
xxxxxxx
Business income - if your annual business turnover was below £73,000
8. Your turnover - the takings, fees, sales or money earned by your business:
£ xxxxx.00
9. Any other business income not included in box 8 - excluding Business Start-up allowance:
£ xxxxx.00
Allowable business expenses
10. Costs of goods bought for re-sale or goods used:
£ Not Entered
11. Car, van and travel expenses - after private use proportion:
£ Not Entered
12. Wages, salaries and other staff costs:
£ Not Entered
13. Rent, rates, power and insurance costs:
£ Not Entered
14. Repairs and renewals of property and equipment:
£ Not Entered
15. Accountancy, legal and other professional fees:
£ Not Entered
16. Interest and bank and credit card etc. financial charges:
£ Not Entered
17. Telephone, fax, stationery and other office costs:
£ Not Entered
18. Other allowable business expenses - client entertaining costs are not an allowable expense:
£ Not Entered
19. Total allowable expenses:
£ xxxx.00
Net profit or loss
20. Net profit - if your business income is more than your expenses:
£ xxxx0
21. Or, net loss - if your expenses exceed your business income:
£ Not Entered
Tax allowances for vehicles and equipment (capital allowances)
22. Annual investment allowance:
£ Not Entered
23. Allowance for small balance of unrelieved expenditure:
£ Not Entered
24. Other capital allowances:
£ Not Entered
25. Total balancing charges - where you have disposed of items for more than their value:
£ Not Entered
Calculating your taxable profits
26. Goods or services for your own use:
£ Not Entered
27. Net business profit for tax purposes:
£ xxxx
28. Loss brought forward from earlier years set-off against this year's profits:
£ Not Entered
29. Any other business income not included in boxes 8 or 9 - for example, Business Start-up Allowance:
£ Not Entered
Total taxable profits or net business loss
30. Total taxable profits from this business:
£ xxxx
31. Net business loss for tax purposes:
£ Not Entered
Losses, Class 4 NICs and deductions
32. Loss from this tax year set-off against other income for 2010-11:
£ Not Entered
33. Loss to be carried back to previous year(s) and set-off against income (or capital gains):
Not Entered
34. Total loss to carry forward after all other set-offs - including unused losses brought forward:
Not Entered
35. If you are exempt from paying Class 4 NICs, put 'X' in the box:
£
36. If you have been given a 2010-11 Class 4 NICs deferment certificate, put 'X' in the box:

37. Deductions on payment and deduction statements from contractors - construction industry subcontractors only:
£ Not Entered

[Sherenai]

its turning out to be very productive discussion, as i come across a few things i didnt know about. thank you guys.
the people i make most of the clothes for running a small family business and i spoke to the owner today and she said that she can give me a letter that will confirm my home base self employment.
do you guys think that, along with this letter if i send self assesment forms and paid NIC statements.
would that be enough for HO to be satisfied with.[/quote]

[Sherenai]

its turning out to be very productive discussion, as i come across a few things i didnt know about. thank you guys.
the people i make most of the clothes for running a small family business and i spoke to the owner today and she said that she can give me a letter that will confirm my home base self employment.
do you guys think that, along with this letter if i send self assesment forms and paid NIC statements.
would that be enough for HO to be satisfied with.

[/quote]
One more thing I wanted to appeal this way I will only have to provide the evidence they have mentioned in their refusal letter.but in appeal section they wrote.
YOU ARE ENTITLED TO APPEAL AGAINST THIS DECISION UNDER REGULATION 26 OF EEA REGULATION 2006.A NOTICE OF APPEAL IS ENCLOSED WHICH EXPLAIN WHAT TO DO AND INCLUDES ADVICE FROM THE LEGAL SERVICES OF HOW TO GET HELP.
THE APPEAL MUST BE MADE ON ONE OR MORE OF THE FOLLOWING GROUNDS.
1)THAT THE DECISION IS UNLAWFUL BECAUSE IT RECIALLY DISCRIMINATES AGAINST YOU
2) THAT THE DECISION BREACHES RIGHTS THAT YOU HAVE AS THE FAMILY MEMBER OF AN EEA NATIONAL UNDER COMMUNITY TREATIES RELATING TO ENTRY TO OR RESIDENCE IN THE.UK.
3) THAT THE DECISION IS OTHERWISE NOT IN ACCORDANCE WITH THE LAW.
that is the three grounds been given then its written
IF YOU ARE IN A POSITION TO SUBMET THE NECESSARY INFO TO SUPPORT YOUR APPLICATION FOR PR YOU MAY WISH TO SUBMIT A FURTHER APPLICATION FOR CONSIDERATION.
To my understanding that means that I can apply for PR in fresh application but I can not appeal against the decision because none of the above three apply to me.

[askmeplz82]

its turning out to be very productive discussion, as i come across a few things i didnt know about. thank you guys.
the people i make most of the clothes for running a small family business and i spoke to the owner today and she said that she can give me a letter that will confirm my home base self employment.
do you guys think that, along with this letter if i send self assesment forms and paid NIC statements.
would that be enough for HO to be satisfied with.

One more thing I wanted to appeal this way I will only have to provide the evidence they have mentioned in their refusal letter.but in appeal section they wrote.
YOU ARE ENTITLED TO APPEAL AGAINST THIS DECISION UNDER REGULATION 26 OF EEA REGULATION 2006.A NOTICE OF APPEAL IS ENCLOSED WHICH EXPLAIN WHAT TO DO AND INCLUDES ADVICE FROM THE LEGAL SERVICES OF HOW TO GET HELP.
THE APPEAL MUST BE MADE ON ONE OR MORE OF THE FOLLOWING GROUNDS.
1)THAT THE DECISION IS UNLAWFUL BECAUSE IT RECIALLY DISCRIMINATES AGAINST YOU
2) THAT THE DECISION BREACHES RIGHTS THAT YOU HAVE AS THE FAMILY MEMBER OF AN EEA NATIONAL UNDER COMMUNITY TREATIES RELATING TO ENTRY TO OR RESIDENCE IN THE.UK.
3) THAT THE DECISION IS OTHERWISE NOT IN ACCORDANCE WITH THE LAW.
that is the three grounds been given then its written
IF YOU ARE IN A POSITION TO SUBMET THE NECESSARY INFO TO SUPPORT YOUR APPLICATION FOR PR YOU MAY WISH TO SUBMIT A FURTHER APPLICATION FOR CONSIDERATION.
To my understanding that means that I can apply for PR in fresh application but I can not appeal against the decision because none of the above three apply to me.[/quote]


i remember in this forum a family member of an EU national got refused and went to the court ; Court asked to show any proof from the HMRC that HIS WIFE was self employed ( like NI contribution or letter ) `But he couldn't proof it because that guy was no longer in contact with his ex-wife


so as i said court was looking any proof. They didn't asked to show receipt, Bank account just a simple proof from HMRC

[wiggsy]

i remember in this forum a family member of an EU national got refused and went to the court ; Court asked to show any proof from the HMRC that HIS WIFE was self employed ( like NI contribution or letter ) `But he couldn't proof it because that guy was no longer in contact with his ex-wife

so as i said court was looking any proof. They didn't asked to show receipt, Bank account just a simple proof from HMRC

Well thats the point I've said above... The OP can download and print a copy of all of their SA's from the HMRC website.

@OP.

The appeal would be on the fact that you have rights as an EEA citizen.
and the decision is not in accordance with the law.

The home office have an evidential flexibility policy, which states they must ask you for the further proof if it is likely to be available. Did you get asked for this further proof?

Slap that in your grounds for appeal - discretion was not excersised in accordance with the SoS's guidance...

The letter from your employer / contractor will form part of your evidence easily... - im sure that they have details of times they paid you ETC to send on ...

Perhaps one of the more experienced can help you on grounds for appeal etc

[Sherenai]

its turning out to be very productive discussion, as i come across a few things i didnt know about. thank you guys.
the people i make most of the clothes for running a small family business and i spoke to the owner today and she said that she can give me a letter that will confirm my home base self employment.
do you guys think that, along with this letter if i send self assesment forms and paid NIC statements.
would that be enough for HO to be satisfied with.

One more thing I wanted to appeal this way I will only have to provide the evidence they have mentioned in their refusal letter.but in appeal section they wrote.
YOU ARE ENTITLED TO APPEAL AGAINST THIS DECISION UNDER REGULATION 26 OF EEA REGULATION 2006.A NOTICE OF APPEAL IS ENCLOSED WHICH EXPLAIN WHAT TO DO AND INCLUDES ADVICE FROM THE LEGAL SERVICES OF HOW TO GET HELP.
THE APPEAL MUST BE MADE ON ONE OR MORE OF THE FOLLOWING GROUNDS.
1)THAT THE DECISION IS UNLAWFUL BECAUSE IT RECIALLY DISCRIMINATES AGAINST YOU
2) THAT THE DECISION BREACHES RIGHTS THAT YOU HAVE AS THE FAMILY MEMBER OF AN EEA NATIONAL UNDER COMMUNITY TREATIES RELATING TO ENTRY TO OR RESIDENCE IN THE.UK.
3) THAT THE DECISION IS OTHERWISE NOT IN ACCORDANCE WITH THE LAW.
that is the three grounds been given then its written
IF YOU ARE IN A POSITION TO SUBMET THE NECESSARY INFO TO SUPPORT YOUR APPLICATION FOR PR YOU MAY WISH TO SUBMIT A FURTHER APPLICATION FOR CONSIDERATION.
To my understanding that means that I can apply for PR in fresh application but I can not appeal against the decision because none of the above three apply to me.

i remember in this forum a family member of an EU national got refused and went to the court ; Court asked to show any proof from the HMRC that HIS WIFE was self employed ( like NI contribution or letter ) `But he couldn't proof it because that guy was no longer in contact with his ex-wife


so as i said court was looking any proof. They didn't asked to show receipt, Bank account just a simple proof from HMRC[/quote]
Askmeplz,
You must have read the three options that I have been given in appeal do you think I have a case and do you think I should go for the appeal if i can provide the documents what they have asked for???

[Sherenai]

i remember in this forum a family member of an EU national got refused and went to the court ; Court asked to show any proof from the HMRC that HIS WIFE was self employed ( like NI contribution or letter ) `But he couldn't proof it because that guy was no longer in contact with his ex-wife

so as i said court was looking any proof. They didn't asked to show receipt, Bank account just a simple proof from HMRC

Well thats the point I've said above... The OP can download and print a copy of all of their SA's from the HMRC website.

@OP.

The appeal would be on the fact that you have rights as an EEA citizen.
and the decision is not in accordance with the law.

The home office have an evidential flexibility policy, which states they must ask you for the further proof if it is likely to be available. Did you get asked for this further proof?

Slap that in your grounds for appeal - discretion was not excersised in accordance with the SoS's guidance...

The letter from your employer / contractor will form part of your evidence easily... - im sure that they have details of times they paid you ETC to send on ...

Perhaps one of the more experienced can help you on grounds for appeal etc

Thank you Wiggsy for giving those links they were helpful.
HO has given two reason for refusal one is no evidence of payment made to HMRC, and the other no evidence of how I carry out my work such as invoices etc.
Due to lack of knowledge I did not provide enough evidence.
I haven't decide yet whether to appeal or make fresh application, Either way ,this time I will try to provide as much evidence as possible.

[John]

I do complete my tax return through self assessment account on HMRC website, but don't go through those details.
Put my approx earning and that's it.

Why? That is, why are you not putting accurate figures on the tax return? Surely you are keeping accurate records of all your business transactions?

Tell more about your self-employment. What is it you do? How much time per week does your self-employment take up? I am trying to get an idea whether your self-employment is ''genuine and effective'', or whether it is ''marginal and ancillary''.

And given the refusal you have encountered, whether that is an appeal or a new application, what evidence of self-employment will you provide next time?

[askmeplz82]

i remember in this forum a family member of an EU national got refused and went to the court ; Court asked to show any proof from the HMRC that HIS WIFE was self employed ( like NI contribution or letter ) `But he couldn't proof it because that guy was no longer in contact with his ex-wife

so as i said court was looking any proof. They didn't asked to show receipt, Bank account just a simple proof from HMRC

Well thats the point I've said above... The OP can download and print a copy of all of their SA's from the HMRC website.

@OP.

The appeal would be on the fact that you have rights as an EEA citizen.
and the decision is not in accordance with the law.

The home office have an evidential flexibility policy, which states they must ask you for the further proof if it is likely to be available. Did you get asked for this further proof?

Slap that in your grounds for appeal - discretion was not excersised in accordance with the SoS's guidance...

The letter from your employer / contractor will form part of your evidence easily... - im sure that they have details of times they paid you ETC to send on ...

Perhaps one of the more experienced can help you on grounds for appeal etc

Thank you Wiggsy for giving those links they were helpful.
HO has given two reason for refusal one is no evidence of payment made to HMRC, and the other no evidence of how I carry out my work such as invoices etc.
Due to lack of knowledge I did not provide enough evidence.
I haven't decide yet whether to appeal or make fresh application, Either way ,this time I will try to provide as much evidence as possible.

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Did you paid directly from your Bank account to HMRC if yes ask your bank to send you a copy

also i remember one forum member had the same issue. he called HMRC and asked them to send a letter or some sort of documents to prove that he paid all the NI/TAX. Can you call HMRC and explain to them and they may send you in 5/10 days.

[askmeplz82]

Home office is on right position as your documents are not enough to prove your self employment.

So if you go for appeal then may be the out come will be same.

For self employed persons check This link.

http://www.immigrationboards.com/viewtopic.php?t=105916.

if applying for permanent residence:

Evidence that you have been self-employed for 5 years, such as certified accounts. .......

HM Revenue & Customs self-assessment statements of account........................................


http://www.ukba.homeoffice.gov.uk/sitec ... cklist.pdf

[wiggsy]

Why? That is, why are you not putting accurate figures on the tax return? Surely you are keeping accurate records of all your business transactions?

This is what I was saying. As I said before - the SA website / Forms are very clear that accurate figures are required.

HMRC obviously dont want you to use an accountant where necessary as it would be less profit to tax = worse for the tax income...

Also, all of the "responsibilities" as "Accurate Record Keeping" is detailed on the HMRC.

Also... you can print off the website (where you do your SA) all the details. They are stored online, but you should always print a copy / save a copy when you complete it too.

Also, View PAYE coding notices on the HMRC website - are you sure you were actually Self Employed with the company, and not Employed...? They may of been paying tax for you (its always a possibilitiy - did you ask them?)...


Contact HMRC for an employment breakdown using this method if you need to:

HM Revenue & Customs
PAY AS YOU EARN
PO BOX 4000
CARDIFF
CF14 8HR
Phone 0845 3000 627

[John]

HMRC obviously dont want you to use an accountant where necessary as it would be less profit to tax = worse for the tax income...

Well no!

Less profit for the client, but more profit for the Accountant! For HMRC it might be tax neutral, or HMRC would be better off if the Accountant has a marginal rate of tax higher than the client.