Immigrationboards.com

Hello All,

New to the boards so please go easy and would like to thank everyone who responds in advance.

I have been visiting for about a year and reading different posting. The various information given has assisted us greatly in our claim with HO. So again a big thank you.

However, here's the thing and have not been able to find any posting which apply to these points;

We received the Certificate of Application about a week ago for my partner EEA2 RC application. The letter states that as a member of a legally resident EEA (I'm Irish) she is free to live and work in the UK until the application has been decided.

Questions
1. Is there any possibilities that she may have a problem get the RC. We have a daughter who is Irish and in school here.

2. I tried to use the COA letter and a copy of her passport to open a bank account but could not. Is there any way a bank account can be opened its mainly for wages payments or NI payment if she goes Self employed.

3. Can we get a National Insurance Number as the letter mentions requiring an NI card and the COA to get employement until 28 feb 2008 but does not mention one now.

I was hoping to get the NI number to show contributions especially if she goes Self employed. Is there another way to make NI contribution.

4. I'm looking at applying for Tax Credit and have been told by HMRC that its possible but since she is under Immigration control joint-appl may be refused, sent to the Internationl department for approval or they will request I reapply in sole name. Will this effect the RC decision?

We are currently get Child Benefit but that was applied for in my name even though I had to give her details. It did go to the International Dept. and took 5 1/2 months for approval.

I have no intention to apply for any other benefits as the work I have supports the family.

Please feel free to ask any questions and I will try to respond asap.

Cheers,


Michael

1. She can only get an RC if you exercise your treaty rights in one form or another. Do you?

2. Banks usually require passports from foreign nationals. You can asked to have it returned. Not sure about the self-employment. Does that require a separate (business) account?

3. If you have a child you can claim Child Benefits in the name of your wife. This will require a NIN. If you don't have one they'll arrange for one. Have a look here for other choices. The NIN itself, obviously, does not mean that one is contributing towards NI. As far as I know self-employment means that you register a busniss and you eventually have to make NI contribution.

4. HMRC's explanation sounds non-sensical. Married couples must make tax Credit applications in joint name. It doesn't matter if one is subject to 'Immigration control' (which does not sound quite right either). Our dear John must have explained this a million of times by now and I am sure there's a sticky in the 'Claiming Benefits' subforum.

86ti wrote:1. She can only get an RC if you exercise your treaty rights in one form or another. Do you?

2. Banks usually require passports from foreign nationals. You can asked to have it returned. Not sure about the self-employment. Does that require a separate (business) account?

3. If you have a child you can claim Child Benefits in the name of your wife. This will require a NIN. If you don't have one they'll arrange for one. Have a look here for other choices. The NIN itself, obviously, does not mean that one is contributing towards NI. As far as I know self-employment means that you register a busniss and you eventually have to make NI contribution.

4. HMRC's explanation sounds non-sensical. Married couples must make tax Credit applications in joint name. It doesn't matter if one is subject to 'Immigration control' (which does not sound quite right either). Our dear John must have explained this a million of times by now and I am sure there's a sticky in the 'Claiming Benefits' subforum.

Thank you for the reply a lot of positive information;

1. We applied under EEA2 which I believe is exercising my Treaty Rights.

2. I will hold fire asking for the passport to be return as we have managed so far without an account.

3. I already get CHB in my name but will looking to getting a NI from the link you posted.

4. Sorry John who's posts I have read here a number of times but I will go back through the mentioned forum.

1. No. Just applying for something does not imply that. What I meant is in what capacity are doing that? Are you employed or self-employed? But I guess you are.

4. John is a moderator here with nearly 10.000 messages. Look at this one (second) which is with respect to a question regarding ILR but applies to your situation just as well.

86ti wrote:1. No. Just applying for something does not imply that. What I meant is in what capacity are doing that? Are you employed or self-employed? But I guess you are.

4. John is a moderator here with nearly 10.000 messages. Look at this one (second) which is with respect to a question regarding ILR but applies to your situation just as well.

Sorry my misunderstanding... I currently have my own company business and work a second job. Both are self employed but one has monthly income the other weekly. So I guess I'm excerising my treaty rights.

4. Just been reading some of his replys in the Claims Benefit section. Very enlighting.

If you have a child you can claim Child Benefits in the name of your wife. This will require a NIN.

Or child Child Benefit in your name. In couple of a couple living together, either parent is allowed to be the Child Benefit claimant. In most households it is probably the mother that applies, but there is nothing to stop the father being the claimant.

As regards Tax Credits, in respect of a couple living together, the Tax Credits claim must be in joint names. One of the joint claimants must have a NI number, but if the other claimant has not been issued with a NI number, that is no longer a problem, thanks to a change in the law last year.