EEA CHILD BORN AFTER 5 YEARS OF TREATY RIGTHS

[ANGELA LIMA]

Dear All,

My child was born after my husband was in the UK for 5 years . During this period up to now he has being a worker. For the first 3 years he didnt earn enough to pay National Insurance contributions and this period doesnt show on the HMRC records, but it shows on the employment history from HMRC saying that he worked from 2004 to 2011 for this company, and the company provided a letter as well. Our daughter was born on 2009.

HMRC wants payslips or national insurance records, which is impossible to provide. Payslips because we dont have and NI records he was in low income and he didnt pay.

The company said they cant provided how much he earned because it is over 3 years and by law they dont need to keep this information after 3 years.

What should I do now?

Thanks
Angie

[at12]

You did not explain what you want to obtain. Is that a British Passport/Citizenship for your child?
I am not familiar with your situation, so cannot give much advice but the guidance says that:

While there is no minimum amount of hours which an EEA national must be
employed for in order to qualify as a worker, the employment must be genuine and
effective and not marginal or supplementary.
Effective work may have no formal contract but should have:
• something that is recognisably a labour contract
• an employer
• agreement between employer and employee that the worker will perform
certain tasks
• confirmation the employer will pay or offer services (such as free
accommodation) or goods for the tasks performed
Marginal means the work involves so little time and money that it is unrelated to the
lifestyle of the worker. It is supplementary because the worker is clearly spending
most of their time on something else, not work.

----

HMRC has a primary earnings threshold (PET), which is the point at which
employees must pay class 1 NI contributions. If an EEA national is earning below
PET you must make a further enquiries into whether the activity relied upon is
genuine and effective.


--

If you think your husband qualifies as a worker based on the above, perhaps you can explain that in a cover letter and include the HMRC and employer letters? Otherwise, have you studied other routes for citizenship. She can probably use the 10-year route from next year?
https://www.gov.uk/register-british-cit ... after-1983

[secret.simon]

If your husband worked but did not earn enough to make National Insurance contributions, the Home Office may need further proof that the work was "genuine and effective" and not "marginal and ancillary".

See Pages 11-13 of the European Economic Area nationals: qualified persons guidance.

[ANGELA LIMA]

Thanks.

We sent the Employment History where covers the period from 2004 to now and employment letter. They still want payslips . Can you please advice because it is impossible to provide payslips of 13 years ago and.

Thanks in advance