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Statement of National Insurance account, treaty rights??

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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wegiwegi
Member
Posts: 161
Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Statement of National Insurance account, treaty rights??

Post by wegiwegi » Wed Feb 03, 2016 4:13 am

Can a statement of your National Insurance account, be used as proof that you have been exercising treaty rights, for the period covered on that statement?
I am EEA national living in the UK since August 1995 to present.
I'm asking because, I do need to show that I have automatic PR status and I do not have payslips or P60s from the early days I was here.
I have requested a statement of my National Insurance account from April 1996 to April 2015 that should show all the NIC paid for that period.
Does someone here knows, if this statement can be used for that purpose?
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Statement of National Insurance account, treaty rights??

Post by noajthan » Wed Feb 03, 2016 8:47 am

wegiwegi wrote:Can a statement of your National Insurance account, be used as proof that you have been exercising treaty rights, for the period covered on that statement?
I am EEA national living in the UK since August 1995 to present.
I'm asking because, I do need to show that I have automatic PR status and I do not have payslips or P60s from the early days I was here.
I have requested a statement of my National Insurance account from April 1996 to April 2015 that should show all the NIC paid for that period.
Does someone here knows, if this statement can be used for that purpose?
It can certainly help to make your case and demonstrate your status as a qualified person.
However you may find the HMRC records only go back so far in time (perhaps 5 years).

Other forms of evidence (as a worker) could include:
  • employment letters;
    job contracts;
    terms of reference;
    testimonials;
    security passes/ID;
    P45s;
    redundancy notices;
    employers references & etc.
Also note that the rules for the EU immigration route have changed over time (& continue to evolve).

:arrow: Something to explore if you want to build a case for having acquired PR using time served in UK prior to 2006.

:idea: Furthermore, before 2000, my understanding is you may have been stamped into UK with ILR.
You may have settled status already in the form of ILR,

:arrow: Suggest checking your previous passports for any such annotations.

If you can provide more details of your early years in UK (& activities at that time) experienced members will surely assist.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
Moderator
Posts: 11528
Joined: Thu Feb 21, 2013 9:29 pm

Re: Statement of National Insurance account, treaty rights??

Post by secret.simon » Wed Feb 03, 2016 8:53 am

If you entered the UK before October 2000, there is a chance that you may have been issued with an ILR stamp on arrival or at request. So, check your earlier passports for such a stamp. If you already have ILR, there is no need to apply for PR.

If your National Insurance payments were paid as a part of your wages/salary (Class 1, 2 and 4 contributions), they could be considered proof that you were exercising treaty rights.

EDIT: Beaten to the post by noajthan.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

wegiwegi
Member
Posts: 161
Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Re: Statement of National Insurance account, treaty rights??

Post by wegiwegi » Wed Feb 03, 2016 11:24 am

Thanks for you replies noajthan, secret.simon
not sure, but I think I entered the UK with my ID card at the time.
My first job was as a waiter, cant recall which restaurant was, the second one I worked for, was in Vauxhall, at the time I was in London, and does not exist anymore, later I went to work for a marketing company in High Wycombe, still have a few payslips from that time, and a P60 from them. Trying to gather all the info I have, but is challenging, I lived in 4 different places, this last addeess since May 2000, but I misplaced a few paper boxes when moving, reason why I do not have all the supporting evidence.
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

wegiwegi
Member
Posts: 161
Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Re: Statement of National Insurance account, treaty rights??

Post by wegiwegi » Fri Feb 26, 2016 11:50 pm

OK I have received my national insurance record, as you can see attached, now I think I will be using the period going from 1997-98 to 2001-02 as proof of exercising my treaty rights and that PR has been obtained? What do you think guys?
that period does not have NI credits, so I was working all a long of the 5 years, and that period shows that class 1 contributions were paid, only problem for that period is that I do not have bank statements or P60s at all, since then I have moved 4 times, and some paper boxes where lost or forgoten on atics, etc

At the same time on the letter, they said that I have so far 22 qualifying years up to 5 April 2015
Attachments
NIstmt.jpg
NIstmt.jpg (44.97 KiB) Viewed 1343 times
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Statement of National Insurance account, treaty rights??

Post by noajthan » Sat Feb 27, 2016 4:06 am

That NI statement goes towards showing you had a NINO & you must have been in UK to be able to pay NI.
If its work-related NI then you must have been working.

It may be complicated claiming such an early period for acquiring PR as the relevant regulations have changed over time..
When did your country actually join EU/EEA?

It may be more straightforward to look at say 2001 - 2006, ie when UK's Immigration Regulations 2006 came into play.

Suggest still gathering together anything else you can to back this NI statement up; (some suggestions already posted previously).

In addition you could request a SAR from UKVI just to see what 'big brother' has on you.
It has worked for other EEA members so surely worth a £10 punt:
https://www.gov.uk/government/publicati ... mmigration
All that is gold does not glitter; Not all those who wander are lost. E&OE.

wegiwegi
Member
Posts: 161
Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Re: Statement of National Insurance account, treaty rights??

Post by wegiwegi » Sat Feb 27, 2016 9:43 am

noajthan wrote: When did your country actually join EU/EEA?
I believe it was in 2002, then they joined the schengen on 2005

ok will do a SAR request to see what they have on me, thanks noajthan
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Statement of National Insurance account, treaty rights??

Post by noajthan » Sat Feb 27, 2016 11:10 am

wegiwegi wrote:
noajthan wrote: When did your country actually join EU/EEA?
I believe it was in 2002, then they joined the schengen on 2005

ok will do a SAR request to see what they have on me, thanks noajthan
That may help you decide which period to focus on, by clarifying the details HO holds on you (if any) & so opening up choices (or closing them down).
Otherwise 2001/2 - 2006/7 may be a good place to start.

It depends on what the Universe is trying to tell you, if you will.
Also depends on the bundle of evidence you can pull together!
If it has to be from the last 5 years then so be it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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