Help ! The NIN of my husband has been denied - using Code 1A

[JulianaV]

Basically they refused and said that he don't have the right to work here I'm really crying at this moment. Specially because it's not fair. He really can work here.

When he made the application on JC, the woman that's books the interview said to him to bring my EEA passport with him. He did, but in the interview the lady said that's not necessary.

I really need some advice if someone can help me..is there any such way to appeal ? how to do it ? I can't find anything in Google.

[chaoclive]

I think you could just go and apply again. Why don't you go with him? Take your passports and you marriage cert.

You could print off some of the rules from the EEA legislation online.

[SouthWest1]

I think because code 1A states" leave to enter for XXXX" , therefore DWP will not issue the NIN.

I might be wrong, but if this is the case, then your husband should submit EEA2 application ASAP and once he receives his COA, then he can re-apply again for NIN.

[JulianaV]

That's the point My husband need the NINO to apply for EEA2. Let me try to explain.

He own a company in UK. He need to hire me and generate at least a payslip to send to gov. However according to our accountant he as business owner must have a NIN to assign with the company and then he can provide me a payslip

And nobody will give a job if I try to grab one because I'm pregnant. That's why I can't stop to cry It's a dead end.

In my opinion the lady on JC in the moment of interview supposed to grab some documents such as my passport and/or our marriage certificate. She dismissed it and just take a copy of the passport of my husband. In one page there is a stamp containing the Code 1a and on the other page a stamp from UK containing a tourist visa. I'm sure that the guy that's checked the document probably made a messy and did not realized the Leave to Enter and just considered the previous (but still valid) tourist visa.

A friend of mine sent me this document: https://www.gov.uk/government/uploads/s ... upport.pdf

It's says that my husband are exempt from work authorisation requirements (at least for Croatian people..not our case, but I believe it's fits too) and on the Appendix 1A says that a Croatian with Leave to enter must show Croatian passport endorsed to show leave to remain and no work restrictions (Once again, nobody here is Croatian, but we believe that's apply to us too).

Also I saw on page 23 (Appendix - Documents supported for right to work) : A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland.

Our son is EEA. So it's valid, right ? My Husband maybe can apply again using the passport of our son ? Anyway, the bad news is that the JC is taking at least 6 weeks to issue (or refuse) a NIN due the high demand of Romenia and Bulgaria.

Anybody know how to appeal for this decision ? or if it's possible ?

[JulianaV]

I think you could just go and apply again. Why don't you go with him? Take your passports and you marriage cert.

I was with him But as I said..the lady said that's does not works lie this

[SouthWest1]

it's a bit confusing here!
1- a company owner does not need a NIN to employee you or any one. NIN is for a person and not a company. he can employee you and the company pays your wages. if this is the case, then his company has no Employees at all.
2- if he is Croatian, he does not need your support as he can apply directly on his own merit.
3- i think your son nationality is irrelevant here and has nothing to do with NIN.

you do not really need to be employed for him to apply for EEA2 ( still not sure if he is Croatian or non EU). you can be self sufficient but make sure you have CSI to cover you, him and your son.

[JulianaV]

it's a bit confusing here!
1- a company owner does not need a NIN to employee you or any one. NIN is for a person and not a company. he can employee you and the company pays your wages. if this is the case, then his company has no Employees at all.
2- if he is Croatian, he does not need your support as he can apply directly on his own merit.
3- i think your son nationality is irrelevant here and has nothing to do with NIN.

you do not really need to be employed for him to apply for EEA2 ( still not sure if he is Croatian or non EU). you can be self sufficient but make sure you have CSI to cover you, him and your son.

1-After read what you wrote, I decided to research deeply. To hipe ppl, company must be registered as employer and for this, it's necessary National Insurance numbers of all company directors according to http://www.hmrc.gov.uk/payerti/getting- ... gister.htm

2-As I said: We are not Croatian. But since Leave to Enter fits for Croatian, I believe that fits to our scenario too (because probably the Leave to Enter is what's really matters).

3-Well, I'm trying to understand our rights. I just read that on the manual used by staff members of NIN regarding procedures. If my husband can use the passport of our son is a valid way...will be awsome !

[JulianaV]

Ok, I was wondering with myself...It's something I could not found in this Board.

I've 2 plans:

Plan#1: Self Employed Route

1- Register myself (on the next business day) as self-employed
2- Pay some contributions (on the very same day too)
3- Don't' send: Bank statements (Specially because I don't have bank account yet)
4 -Aplply for EEA2

Probably the EEA2 will be refused, right ? , but my question: When you send a EEA2 , the refusal will always happen after the COA or is there any chance to have a COA denied ?

The idea is: If my husband receive a COA, he can have a NIN after all and we can solve everything. Even after refusing the EEA2, probably we will have the right of appeal and we will gain more time - And after everything We can go back to our regular route and perform a new application from scratch, but this time he as employer and me as employee.

Plan#2: Retention right of residence
As I said..we have a EEA child (6 years) and he will start to study on next week (we are just awaiting the council).
I could not be considered a qualified person, but according to https://www.gov.uk/government/uploads/s ... apter2.pdf , page 12, it's does not make much difference. It's says...

Non-EEA national parent of a child who retains a right of residence

Where a non-EEA national spouse or civil partner, or former spouse or former civil
partner, makes an application for a residence card on the basis of regulation 10(4) we
should be provided with evidence that includes confirmation that the child is in
education in the UK.

So, my husband can send the following documents:

1- Proof of Address
2- Proof of our son is studing
3- Proof of my husband is working


Is there a good and gentle soou that's can validate it ? new ideas are very welcome too ! ty for everybody

[SouthWest1]

sorry if the discussion is drafting from the point, i guess that you never worked here in UK and you as a family decided to come to UK and then your husband managed some how to get A1 stamp on his passport.

in all cases, you need to get some staff sorted out first.
1- go and open a bank account.
2- get a NIN for yourself, if you don't have one yet.
3- you can register as a job seeker and you will be exercising treaty rights form HO perspective. your husband can then apply for his EEA2, COA and then NIN.

as for your 2 scenarios:
1- yes you can apply and you will have a COA with right to work ( providing you include your ID and marriage certificate) other wise COA will not state the right to work. whether he will succeed or refused is irrelevant now.it will solve your issue.
2- Retain of Rights is non applicable here. it is used after divorce from EEA national.

Another questions, if non of you is Croatian, why do you think rules for Croatians will apply to you. it is for Croatian nationals only.

[JulianaV]

whether he will succeed or refused is irrelevant now.it will solve your issue.

Just for a better clarification: a COA will always be issued with right of work if we can proof that we are really married and later it could be refused or approved ? Let me give you a scneario...

1- We apply as EEA2 for any route, for example: JobSeeker
2- We send our documents, marital status , passports and DONT send evidences of jobseeking.

This will refuse the application, but the COA will be issued anyway ? Is this correct ?

[SouthWest1]

Just for a better clarification: a COA will always be issued with right of work if we can proof that we are really married and later it could be refused or approved ?



It should. yes
Unless you do not enclose your ID/Passport with the application along the marriage certificate.

[Graham Weifang]

I am also thinking why you have refered twice to "Croatian"

What is you both nationalities, and can you not find a H.O. reference to your own nationality?

GW

[JulianaV]

Just for a better clarification: a COA will always be issued with right of work if we can proof that we are really married and later it could be refused or approved ?



It should. yes
Unless you do not enclose your ID/Passport with the application along the marriage certificate.

It's pretty easy for me to proof our marriage. We are togueter 10 years, 8 officially and we have a 6 years old I can send all the necessary documents to support this. But for the RC...I need to proof my threaty rights.

I tought that a COA is subject to be denied if we fail to proof our threaty rights. By googling around I can't find such thing like COA refused. I just found COA with no right to work if the EEA is a student. So, my husband will apply for RC on next week using the route of self-employed. I will send just 1 week of money getting into my bank account and the basic other ones.

ty !

[kafworld]

I have a question about the Jobseeking route for EEA2 Residence Card. How does my EEA National spouse prove she is a Jobseeker?

Of course I've read in the EEA2 application for what is required as proof but I don't understand the part about needing "proof of receipt of Jobseeker’s Allowance or national insurance credits." Does this mean my spouse must file for Jobseeker's Allowance in order to be officially recognised as a Jobseeker?

I've read some horror stories on the board about EEA Nationals not being considered Jobseekers and then being told by UKBA to leave UK.
As far as other proof goes my spouse has printouts of her registration with employment agencies, applications, etc.

Please any advices would be much appreciated.

[chaoclive]

Proof of applications and rejections from employers also count.

I don't think it's easy to apply as a job seeker. Can't he find a part time job of about 15 hours/week and use that instead?

[kafworld]

Hi Chaoclive,

That would be the easiest route but I don't understand why they have Jobseeker as an option if they aren't going to approve EEA2s using that method.

From what I gather my EEA national wife also qualifies as Self Sufficient. We have CSI and a joint bank account that my salary goes into each month.

What are your thoughts on this route?

[chaoclive]

They will approve it if you fulfill the rules, it's just not as easy as actually working. She will have to register as a jobseeker with the job centre...she shouldn't take benefits.

Self-sufficient is also fine as long as you can your salary is enough to live on every month and you have valid CSI. That can work!

[rosebead]

Taken from this government publication:

Code 1A denotes leave to enter/remain for a specified period and allows the recipient to work and have access to public funds.

Taken from this government publication:

Which leave allows a person to work in the UK without any restrictions?

Leave which does not restrict a person’s right to work includes:

•indefinite leave to enter or remain

•limited leave to enter or remain on code 1A conditions, such as:

• leave as a refugee

• humanitarian protection

• discretionary leave, or

• exceptional leave to enter or remain

Thus with a Code 1A, your husband is entitled to a National Insurance Number. The Jobcentre Plus worker is mistaken.