IA/34379/2015

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/34379/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 10 November 2016
(extempore judgment)
On 7 December 2016



Before

UPPER TRIBUNAL JUDGE COKER

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

VASILE ROMAN
(ANONYMITY DIRECTION NOT MADE)

Respondent

Representation:

For the Appellant: Mr S Walker, Home Office Presenting Officer
For the Respondent: No appearance

DECISION AND REASONS

1. Vasile Roman applied for and was refused a registration certificate. His appeal before the First-tier Tribunal on 23 May 2016 was allowed on the basis that he had provided evidence that he had registered as self-employed. The Secretary of State sought and was granted permission to appeal on the basis that the evidence produced to the First-tier Tribunal was

"totally insufficient to show the appellant is a qualified person. Nearly nine months have passed since the date of registration yet there is no supporting evidence such as convictions, receipts bank statements etc. to show that any work has been carried out and that the appellant is economically active."

2. The decision which led to the appeal was dated 14 October 2015. It appears from a letter that was produced that Mr Roman arrived in the UK towards the end of September 2015. In accordance with Regulation 13(1) EU nationals have a right of residence for three months whilst seeking employment or self-employment.

3. Mr Roman submitted his application for registration as self-employed on 20 November 2015 having commenced working for himself on 1 October 2015. Under Regulation 14(1) a qualified person is entitled to reside for as long as he remains a qualified person. A qualified person is defined in Regulation 6(1)(c) as a self employed person. A self-employed person is defined as a person who establishes himself in order to pursue activity as a self-employed person and that is Regulation 4(1)(b).

4. Under Regulation 19(3)(a) a person may be removed if he does not have or ceases to have a right to reside. The fact that Mr Roman does not have a registration certificate or an endorsement on his passport stating that he has a right to reside does not mean that he does not have a right to reside. He is registered as a self-employed person as evidenced by his HMRC registration. There is no requirement to produce evidence that he is receiving income. It is the fact of self-employment that is relevant.

5. The grounds relied upon by the Secretary of State are misconceived. There is no error of law in the decision by the First-tier Tribunal Judge to allow Mr Roman's appeal. It is of course a matter for Mr Roman to apply for a registration certificate so that he does not have problems in the future but that is no part of his entitlement to reside.

Notice of Decision

There is no error of law in the decision of the First-tier Tribunal. I do not set aside the decision.

The decision of the First-tier Tribunal stands, namely the appeal against the decision of the respondent is allowed.

No anonymity direction is made.



Signed Date 6th December 2016

Upper Tribunal Judge Coker