"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
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"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Thursday 15 May 2014

Sample letter to accompany a National Insurance number application


Useful for returning Surinder Singhers. This and more via Surinder Singh Route Information :

Shared below in the interests of fair use :

    [ non EU name ]
    [ EU Name ]
    [ Postal Address ]

    Date: [ Date ]

    NINo Allocations
    Department for Works and Pensions
    [ Address ]

    Dear Sirs,

    Application for National Insurance Number

    An application for a NINo for [Non EU Name] has been filed. Pursuant to Regulation 9 of the Immigration (European Economic Area) Regulations 2006, [non EU Name ] is the Family Member of an EEA National.

    As outlined on page 4 of the Home Office’s Table of Fees (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308633/fees-table-06-04-14.pdf) Applications for Residence Documentation under the Immigration (European Economic Area) Regulations 2006 are not mandatory.

    In accordance with all caselaw relating to Surinder Singh (Case 370/90) – including the recent Case C-456/12 (O and B) [ Non EU's Name ]‘s status in the UK must not be treated any less favourably than that outlined within Directive 2004/38/EC.

    Article 25(1) of said directive states:
    1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

    The provision above has been held to be binding in law in the case of Okuoimose v City Facilities Management (UK) Ltd UKEAT/0192/11/DA – outlining that rights can be established using other means of proof. As I understand that [non EU Name]‘s claim can be established with other proofs, I am supplying proof of residing in Ireland together, proof of being a [self] employed individual in Ireland, and proof of now residing within the UK together.


    [ non EU name ]
    [ EU name]

Useful for the same audience - how to apply for a National Insurance number :


The local personal reference number in the United Kingdom is called a National Insurance Number (or NINo for short).  A NINO is usually in the format of LLNNNNNNL (where L represents a letter and N a number).

A national insurance number is used for pretty much everything from taxation, to applying for a driving licence.  Further information can be viewed here:

    National Insurance: The Basics
    HMRC: Applying for a National Insurance Number

You can only obtain a NINO if you intend to do one of the following things:

    Become self employed
    Claim state benefits (IE: Child Tax Credits, Child Benefit ETC)
    Get a student loan

To apply for a National Insurance Number you need to arrange an  ‘Evidence of Identity’ interview for you or send you a postal application. If relevant, they will confirm the date, time and location of your interview and what information/documentation you need to support your application.  The documentation is usually:

    A visa showing that you have valid leave to remain  (or documents that confirm this – IE: the same kind of documents which would be submitted in support of an EEA2/EEA Family Permit Application).
    Proof of Identity (Passport, Driving Licence ETC)
    Proof of Address (Bank Statements, and Utility Bills)

If you have the right to work in the UK (and as an EEA National / Family Member you do), you can telephone Jobcentre Plus on telephone: 0845 600 0643 to arrange to get them to begin the process of issuing a national insurance number. Lines are open Monday to Friday 8am to 6pm and are normally less busy before 9am. You can apply for your nino on a postal application.  However this would require sending off a number of documents.

If you can’t find your National Insurance Number – but already have one, you can ask HMRC to confirm it by:

    completing and returning form CA5403 – Your National Insurance number
    contacting the National Insurance Registrations Helpline on telephone 0300 200 3502 (lines open 8.30 am to 5.00 pm Monday to Friday). You will be asked some questions to confirm your identity. If you can answer these questions correctly HMRC will send  your National Insurance number by post. If you can not answer the questions you will need to complete form CA5403.

HMRC cannot confirm your National Insurance number by telephone. They will write to you instead.

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