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Posted

Hi i want to apply for a ee2 family permit 5yrs my wife is from chez republic and i am a non eea national.she has submit an application to hmrc for getting registerd as self employed.its been 10 weeks and we are still waiting for hmrc to send the u.t.r number or ni cotribution form,upon asking they are unable to reply a satisfied answer.i have got all relevent evidence that she is legally married to me in the uk 3 months ago.my question is that can i apply for the 5 yr permit with the assistance of her acountats letter stating that he is maintaing acounts for her and also we have the copy of the self regestraion application form i.e is sent to hmrc for regestration purpose...many thnx

Posted

You have really nothing to lose by applying, as there is no fee. As far as I can see, the application will turn on whether they accept that your wife is self-employed, and her application to hmrc is relevant to her tax status more than her rights under EEA law. If you can produce accounts to show that she is trading independently of an employer, go ahead and apply. There are fairly detailed guidelines in the caseworking instructions to assess whether someone is genuinely self-employed, so they are able to make a decision independently of hmrc if they want to, and if they need more information they will probably ask for it.

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