Denial of permanent card / new 5 year resident status ?

[albrechtjc]

If an application for permanent residence is declined, on the basis of insufficient documentation, will the Home Office provide another 5 year resident resident card ?

[sagareva]

not automatically. you have to apply for it. but you are not precluded from applying of course-- remember your rights arise under EU law. they exist. the card is only a confirmation document.

you may just as well re-apply for permanent residence card with more evidence or not apply for anything at all, technically it does not affect your right to live and work in the UK

[albrechtjc]

is the payment of taxes a formal element of the definition of being self employed ? or is working as self enployed the most important element of the analysis ?

[rosebead]

Well according to this UK case law, an EEA national can still be considered a "worker" if he's not paying his taxes and N.I. if his work is genuine and effective.

[albrechtjc]

then, why is the application for Permanent Residence focused so much on the confirmation of Self-employment and tax documents ?

[Universal soldier]

Well according to this UK case law, an EEA national can still be considered a "worker" if he's not paying his taxes and N.I. if his work is genuine and effective.

What a joke. How comes the business activities without paying taxes can be genuine and effective rather not paying the tax may indicate that business runner is not serious and not doing that activity effectively. At least NI tax payment and accountant along with business bank statement must reveal some reliable transaction. Even non-payment is not essentially needed in EU law but it may effect self employment in the eyes of caseworker.