obtaining a nino? proof of ID.

[wiggsy]

OK. my wifes EEA2 / DRF application is in process... I included that i have been resident in eu etc working etc so not sure on what basis it will be treated, however:

today got right of work confirmed by ukba (via email and COA is in the post)

so got a nino appointment on 20th feb (next wednesday)...
only problem:

no real ID...

is the following going to be satisfactory proof of ID:

Tax credits award letters
proof of tennancy
home office letters
certificate of application

her passport is with ukba at the moment, however, she does have an expired passport - photo ID.

also,

as the certificate of application confirms wifes right to reside and work in the uk for 12 months, does this mean she can now apply for a uk driving license?

[rachellynn1972]

COA, certificate of Application do not expire. although HO may say they will consider a case within six month. the right of your wife derived from you. if you are exercising treaty right, it is an authomatic right from the day you got married is respect of what HO think or say. it is the Law and that is it.

[wiggsy]

COA, certificate of Application do not expire. although HO may say they will consider a case within six month. the right of your wife derived from you. if you are exercising treaty right, it is an authomatic right from the day you got married is respect of what HO think or say. it is the Law and that is it.

my wifes right to reside comes from our children, not me... i am a british citizen she has a Derivative Right of Residence (as stated in case C-34/09 - Zambrano. - the parent of an EU Citizen cannot be removed from the EU Citizens "home member state" *this includes the state of their nationality* unlike the spouse of an EEA national, who doesnt have EEA rights in the home state

COA can only be accepted as proof of employment for six months acoording to this UKBA statement:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

- i know its valid whilst the person has their Derived rights - by law registration is not required... but it makes it VERY difficult if they dont register... (employers are given a set list of documents or face a fine of 10 grand)

[rachellynn1972]

I dont think you understand the law. This is just a blind arguement as it seems to me you just copy and paste what home office wrote on the coa. In respect of what ho write or say. The eu law still stand. For saying the parent of a british parent cannot be remove is wrong but only if your wife is the sole carer of the child. I dont think you need advice here as it seem you have read alot but fail to understand the law. If the eu law say its a right, then how is an employer braking the rule? You can only brake the rule if you do not apply the law. Many people just fears the treat of ho. I have witness ho paying £15000 for just detaining 3days a family member of an eea bcus he has not apply for a rc. That money was claim by those who the law not those who are afraid of ho treat.

[wiggsy]

I dont think you understand the law. This is just a blind arguement as it seems to me you just copy and paste what home office wrote on the coa. In respect of what ho write or say. The eu law still stand. For saying the parent of a british parent cannot be remove is wrong but only if your wife is the sole carer of the child. I dont think you need advice here as it seem you have read alot but fail to understand the law. If the eu law say its a right, then how is an employer braking the rule? You can only brake the rule if you do not apply the law. Many people just fears the treat of ho. I have witness ho paying £15000 for just detaining 3days a family member of an eea bcus he has not apply for a rc. That money was claim by those who the law not those who are afraid of ho treat.

UKBA interpretation is different to the actual ruling of Case C34/09.

Im sorry, but I asked what proof of ID can be used to gain a nino... as ukba have my wifes passport.

She got her letter for nino apt today though, it lists COA as sufficient proof of ID.

Im not sure exactly what you mean by not understanding the law?

I didnt say the employer was breaking the law... i simply said UKBA lists a set of documents to provide a defence... and a COA can only be used in the defence if less than six months old at the start of employment.

the fear of a £10,000 fine will deter employers from taking a risk, and not employ somebody if their COA is older than 6 months (even if they use another reason: IE: a more suitable applicant has been employed. )

if an employer bases his decision on the COA , but says that "we do not believe you are a suitable candidate because we have had a far greater response from more qualified personel" could you prove the imigration status was the real reason?