Guidelines for ECAA Applications

Summary

Guidelines issued to caseworkers at the Home Office for consideration of applications for a three year extension and indefinite leave to remain EC Association Agreement cases from Bulgarian and Romanian nationals have been released.

Under the new guidelines the Home Office has powers to grant

• less than a three year extension or
• an extension instead of ILR

If they are not satisfied that the your business will meet the requirements of the rules for the following three years, or where the business has not progressed to their satisfaction.

Self Employment Factors

The guidelines outline factors taken into account in assessing whether someone is actually self-employed for the purposes of the immigration rules.

Paying tax and National Insurance as a self-employed person to the Inland Revenue is not sufficient evidence that you are is self-employed.

If you can answer yes to some or all of the following questions then you will be classed as self-employed by the home office.

If you answer no to some or all of these questions you will be seen as an employee, which is a breach of the ECAA rules and can lead to your application being refused.

Questions

Can you correct unsatisfactory work at your own expense and in your own time?

Not counting the small items many employees provide for themselves, can you provide the main items of equipment needed for the job?

Can you agree to do the job for a fixed price regardless of how long the job will take?

You can be involved in running more than one business at a time. However the Home Office must be informed prior to any changes or significant expansion in business activity.

The Home Office guidelines also state that your financial accounts must be prepared by a chartered or suitably qualified accountant.