EEA PR as self emplyed tax return submitted as£0

[jonijani]

Hello guys I am new to these forms hope and I found a lot of usefull information in forums.
hope I will find answer for my question as well.

hello my question is I am living in UK since jan 2013 as student until april 2014 (I had comprehensive insurance from feb 2013 to feb 2014) I received registration certificate from Home office in October 2013 than aug 2014 I started work as self employed and submitted my tax return for year 2014-2015 with few thousands turn.

than submitted 2015-2016 as £0 turn around .

than i continued working as self employed and submitted tax return for 2016-2017 with few thousands turn around.

than again submitted tax return for 2017-2018 with few thousands turn around .

my question is in year 2015-2016 i submitted tax return as £0 turn around am i still exercising treaty rights for last 5 years or not??

if we amend tax return would home office accept that as exercising treaty rights or not?

your help would be really appreciated.

[Casa]

What justification do you have for amending your tax return

Regarding the tax year where you submitted a '0' earnings return, note the following:
If an EEA national cannot demonstrate average earnings equal to or above the ‘Minimum Earnings Threshold’ over a period of 3 months, the decision maker will need to make an individual decision regarding whether the EEA national’s activity was ‘genuine and effective’. It is not possible to provide a formula for this – each case is assessed on its own merit.

Also see page 17/18 in the following link:
https://assets.publishing.service.gov.u ... 4_0EXT.pdf

[jonijani]

Hello thanks for your reply.

As i am self employed and in 2015-16 i have trasactions of over £2000 cash deposites in all different dates in my account also got few invoices where i worked so i hope they will be enough.

When you say
"EEa national needs to demonstrate average earnings equal to or above the ‘Minimum Earnings Threshold’ over a period of 3 months" Any idea how much is it or it should be ???

Also my income increased every year since 2014 and last 2 years i have been paying tax as well alos got most of invoices so i hope shoulnt be a problem..
so before i send my PR wanna make sure i got all right documents.

Thanks for reply casa.

[Casa]

Hello thanks for your reply.

As i am self employed and in 2015-16 i have trasactions of over £2000 cash deposites in all different dates in my account also got few invoices where i worked so i hope they will be enough.

When you say
"EEa national needs to demonstrate average earnings equal to or above the ‘Minimum Earnings Threshold’ over a period of 3 months" Any idea how much is it or it should be ???

Also my income increased every year since 2014 and last 2 years i have been paying tax as well alos got most of invoices so i hope shoulnt be a problem..
so before i send my PR wanna make sure i got all right documents.

Thanks for reply casa.

In the tax year 2015/16 the lower earnings level was £486 per month or £5,824 per year. If you submitted a '0' earnings self-assessment tax return for this period, it wouldn't be considered as genuine and effective Therefore, in my opinion you wouldn't be considered to have exercised your Treaty rights during these 12 months unless you were holding CSI throughout.

[jonijani]

Hello thanks for your help..
I am getting all documents ready for PR and evidence as much as i can i will be posting here any correspond ace with HO ..
Any solution or idea to my solution what happens with husband RC which is expiring in oct 2018 should he apply for renewl RC for another 5 years or PR directly as me.??

What will happen i mean how process works if they refused my application for PR ??

would they isssue another 5 year RCor apeal right to my hubby ??any idea how long these appeals take to be concluded ??

if incase we proceed with appeal will my husband still get right to work as usuall ?
as i am EEA national and he is not but he got RC for 5 years..

thanks for your help..

[ikechu]

in my opinion I think it will be Better for Your Partner to Renew his RC First. Hope You as a EEA National-sponsor You are Currently Exercising Treaty Right. Amending Tax is not A Good Idea due to Research. God Help US All. Good Luck