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Employment, self-employment and job seeking

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Exercising treaty rights as a worker, self-employed person or jobseeker.

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  • Low earnings, part-time work and intermittent work

    The requirement is that your work needs to be 'genuine and effective'.

    There is no minimum earnings requirement. However, the Home Office has taken it upon themselves to examine your case a bit more closely if your income falls below the NI threshold. You do not fail because you are under some threshold, but they may scrutinise the 'genuineness and effectiveness' a bit more.

    The thresholds have been increasing over the years, you can find historical...
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  • Self employment

    Self employment

    There is categorically no minimum income requirement for self-employment.

    Example: if I buy a shop and run it and work 50 hour weeks but in the first two years of trading I don't make a profit and pay myself very little, I'm still clearly self-employed and genuinely working, even though I'm not paying tax because I'm not paying myself a salary.

    Self-employed or employee when owning shares in your own or your partner’s company

    If you...
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  • Evidence of employment

    The Home Office guidance requires only 5 consecutive P60s for your qualifying period as proof of employment, if applying from April to April of your qualifying period. If you want to apply outside these months and years, you need to send six.

    You need to have completed five years of work to have acquired PR status.

    If you are unable to obtain the 5 P60s, then please provide 3 payslips (monthly or weekly) for each year, ensuring there is no more than...
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  • Evidence of self-employment

    The Home Office guidance stated the following in their guidance for PR applications:

    We accept any one of the following, covering the relevant qualifying period:
    • proof of self-assessment with HMRC – such as abbreviated accounts, SA302s and SA100s
    • business accounts
    • P60s, including tax and National Insurance contributions for the relevant period
    The same evidence should be provided to establish lawful residence for citizenship applications where relevant....
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  • Extension of the Workers Registration Scheme (WRS) finally ruled unlawful

    Extension of the Workers Registration Scheme (WRS) finally ruled unlawful

    The decision to extend the WRS requirement for A8 nationals from 1 May 2009 to 30 April 2011 had previously been ruled unlawful, however, the Home Office appealed this ruling. The Supreme Court finally decided the Secretary of State for Work and Pensions v Gubeladze case on 19 June 2019, where the appeal was dismissed and the extension is now officially unlawful.

    This decision can have several implications for nationals of A8 countries who worked in the UK during the extension period,...
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  • Unemployment, job seeking and gaps

    Unemployment, job seeking and gaps

    Gaps of exercising treaty rights of up to six months, whether in or out of the country, are fine.
    This is based on the EEA Regulations: The Immigration (European Economic Area) Regulations 2016



    If you have been job hunting during this time, this is also a way of exercising treaty rights.

    Once you have worked in the UK, you retain worker status for at least six months, it can be longer, depending on the circumstances....
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  • Au-pairs

    Au-pairs

    Au pairs (depending on the individual circumstances and evidence available) can usually be considered workers in EU law, because they are paid in kind (food and accommodation), plus pocket money. They may not be employees for tax purposes, but they can usually be considered workers.

    Evidence

    it is recommended trying to get a letter from the family and letter from the agency (if there was one), confirming the arrangement, such as:
    • he hours worked every week;
    • what
    ...
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  • Charity work and volunteering/unpaid work

    Charity work and volunteering/unpaid work

    An EEA national volunteering or doing unpaid charitable work does not qualify as a worker

    However, they may be considered to be self-sufficient, but this would be subject to the CSI requirement.

    They may be considered to be a worker if they are doing charity work that involves taking part in the commercial activities of the charity for which they receive payment in the form of having their living expenses and accommodation provided.
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  • Maternity leave, pregnancy and childbirth

    Maternity leave, pregnancy and childbirth

    You can count maternity leave towards PR if you were employed at time you went on maternity leave, as long as the break in employment isn't longer than 12 months. If, at the end of the 12 months, you can show evidence of job seeking, that should also count.

    If you were self-employed and remained self-employed for that year, you may be accepted as continuing in self-employment, but may have to provide further evidence if your earnings for that year were exceptionally low....
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