Spouse of EEA National - UK Immigration - NIN

[costom]

Hey,

I just got off the phone with someone with the Department of Work and Pensions. I meant to apply for my National Insurance Number but was told instead that I am not eligible to work in the UK, mainly because I do not have a visa that specifically permits me to do so.

I'm American and married to a Swedish citizen. She's currently working about 25 hours/week in London. We just had a baby. Granted, that I'm in the UK currently on a tourist entry stamp. That's because we came to the UK without the intention of staying right away. As I'm aware, my rights as the spouse of an EEA national who is exercising treaty rights are not dependent on which stamp I get at the border..nor are they dependent on getting an EEA family permit. The spousal stamp and the EEA family permit are merely entry permission and not an indication of rights, as is the tourist stamp. Note this: https://www.internationalstudents.cam.a ... -nationals and this: https://www.lexisnexis.com/uk/lexispsl/ ... ly-members

It is not a requirement under regulations for the EEA family member to obtain documentation to confirm their right to come to the UK...EEA family members can apply for an EEA Family Permit which is valid for six months and enables you to leave and enter the UK as many times as you need within that period....You can stay in the UK after the permit expires but you may wish to apply for a UK residence card to confirm your right of residence. This is not necessary but it will make re-entering the UK easier at immigration control...

I was also told by this person from DWP that if I obtained an EEA family permit, I would not be allowed to stay passed the six months without applying to "extend it." I told her I knew that was false and the conversation quickly turned hostile. She wouldn't let me talk to a supervisor. She also told me that an EEA family permit is not a "visa that would allow me to apply for a national insurance number."

I suppose if an EEA family permit wasn't enough, I would apply for my residence card. However, that will likely take 6-8 months with current processing times, and will leave me without a passport. How am I meant to live that long without a NI or ID? Where do I even go from here? Should I just call back and hope to get someone else?

I read elsewhere that I am allowed to work, but I'm not allowed to apply for a national insurance number without first applying for my residence card. This seems counter-intuitive, since I won't have any ID and impractical, since employers will find this confusing. Is that even possibly true? If so, I have a round-about way of getting a second American passport, though it would be terribly inconvenient. Is this a path I should take?

I'd be willing to leave the UK and come back with an EEA family permit if I thought that would help. Any advice is appreciated.

[costom]

I called the same number again, and while this next person was much more helpful, it still wound up at a dead end. She told me that I needed to call the home office and confirm my right to work. The way she said it made it feel like, "just check in with them and then apply for your NIN." Though, she may have meant, "get a formal confirmation in the form of a visa." I'm not 100% sure.

I called the home office, and they led me around in circles..eventually telling me to call "this department that referred you to our department."

I believe leaving the country and applying for an EEA family permit will be all the "confirmation" I need. As stated previously, I'll do that if I need to, but I'd rather not leave my family unnecessarily.

Any ideas?

[dan1988uk]

My wife arrived here last February with an EEA family permit, she called for the NiN and she received it in 2 weeks time. Anyway the residence card process will not take 6-8 months (my wife received approval recently 3 months 25 days after our application), and you will receive the CoA that will allow you to work. Apparently recently HO is sending back IDs very quickly (one week after you send it to them) so you will not be without ID for long.

[Richard W]

I called the same number again, and while this next person was much more helpful, it still wound up at a dead end. She told me that I needed to call the home office and confirm my right to work. The way she said it made it feel like, "just check in with them and then apply for your NIN." Though, she may have meant, "get a formal confirmation in the form of a visa." I'm not 100% sure.
...
Any ideas?

Perhaps you should interpret "confirm my right to work" as check that you have a right to work. On the basis of what you've told us, I can confirm that you have a legal right to work and to accept employment.

I presume you can demonstrate that you were not born in the UK. A UK birth certificate and evidence of a national insurance number (from HMG or a previous employer) is all that is required to give an employer a statutory excuse against an automatic fine for unwittingly employing a non-Croatian not permitted to work, so that may be why it could be difficult to get a national insurance number. (This excuse doesn't work if caught employing a Croatian not permitted to work, though possibly the fine then would only be £5,000, rather than £20,000.) However, it should suffice to apply for one. Of course, at the moment it will be difficult to find employment, as employers have no legal protection against your wife having faked her evidence of being a worker.

[costom]

Thank you all for the help. I do have some real answers now for anyone who finds this thread.

First, I did leave the UK and came back with the intention of entering again as the "spouse of an EU citizen". I got to immigration, and the IO wouldn't let me through with that status because (and I quote), "how do I know you didn't forge those documents?" and "this could be anyone's wife..could be my wife." I responded to him saying, "well the marriage certificate was issued in Europe and my child's birth certificate was issued in the UK, and both are legal documents with government stamps." He didn't like that answer, but he let me pass as a tourist again, and instructed me to go to the Home Office with my wife to "clear up my status."

After calling the Home Office for the umpteenth time, I finally got someone knew what she was talking about. You'd think Home Office employees would be schooled on the correct answers, or at least be consistent in the wrong ones.

She told me, "if you came through as a tourist, simply submit your residence card application, and you'll get a document in about a month certifying your right to work." I applied 1.5 weeks ago, so I'm still waiting for that document, but the answer certainly feels right.

[Casa]

After calling the Home Office for the umpteenth time, I finally got someone knew what she was talking about. You'd think Home Office employees would be schooled on the correct answers, or at least be consistent in the wrong ones.

The HO 'help line' is outsourced to an Agency with staff who are poorly trained in both the EEA Regulations and the UK Immigration Rules. Call them 10 times and you're likely to get 10 different answers. Neither does the HO take any responsibility for incorrect advice given by the Agency 'advisors'.