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Getting NINO after entering with Article 10 Card

Getting NINO after entering with Article 10 Card

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Old Nov 26th 2019, 4:34 pm
  #16  
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Default Re: Getting NINO after entering with Article 10 Card

Originally Posted by BritInParis
I don’t doubt it but I can only tell you what the DWP should be doing.
Interestingly I emailed the DWP Policy Dept about this and surprisingly got a very quick reply.

So my question was what the policy was for new arrivals whose only documentation is their Article 10 Card.

The reply:

"To be issued a National Insurance Number (NINO) an individual needs to be working (including self-employed), claiming benefit, or applying for student finance.
Those claiming benefit will have the NINO issued as part of the process if their claim is successful. Those working will need to go through the appointment at a Jobcentre system. If they are not working and do not have a confirmed employment, they will not be issued a NINO."

Surprised it did not mention residency/settled-status. Notably it also didn't mention Article 10 even though my query was specific to it.
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Old Nov 26th 2019, 6:04 pm
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Default Re: Getting NINO after entering with Article 10 Card

Catch-22. You need a CoA and NINO to start work but if you’re not working then they can refuse to issue you a NINO.

You just got the generic copy and paste response.
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Old Nov 26th 2019, 6:12 pm
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Default Re: Getting NINO after entering with Article 10 Card

Originally Posted by BritInParis
Catch-22. You need a CoA and NINO to start work but if you’re not working then they can refuse to issue you a NINO.

You just got the generic copy and paste response.
That sounds bass ackwards, but probably true. Our son didn’t have a NINO when he moved to the UK after 30 years in the USA (he was a toddler when we moved over). He started applying for jobs and also for a NINO. I went with him for his interview as it was about 50 miles away in the center of Newcastle. They checked that he didn’t already have a NINO, asked a few questions then gave him a letter to show prospective employers that he was allowed to work, and the NINO arrived in the post a couple of weeks later.
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Old Nov 26th 2019, 8:31 pm
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Default Re: Getting NINO after entering with Article 10 Card

Originally Posted by BritInParis
Catch-22. You need a CoA and NINO to start work but if you’re not working then they can refuse to issue you a NINO.
Pretty much sums it up.
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Old Nov 26th 2019, 10:40 pm
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Default Re: Getting NINO after entering with Article 10 Card

Originally Posted by durham_lad

That sounds bass ackwards, but probably true. Our son didn’t have a NINO when he moved to the UK after 30 years in the USA (he was a toddler when we moved over). He started applying for jobs and also for a NINO. I went with him for his interview as it was about 50 miles away in the center of Newcastle. They checked that he didn’t already have a NINO, asked a few questions then gave him a letter to show prospective employers that he was allowed to work, and the NINO arrived in the post a couple of weeks later.
,,,, but your son is a British citizen is he not (born in UK to British parent)? Quite a different scenario from someone entering the UK on an Article 10. I would expect him to get a NIN quite quickly and easily.
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Old Nov 27th 2019, 9:10 am
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Default Re: Getting NINO after entering with Article 10 Card

Originally Posted by SanDiegogirl
,,,, but your son is a British citizen is he not (born in UK to British parent)? Quite a different scenario from someone entering the UK on an Article 10. I would expect him to get a NIN quite quickly and easily.
Yes, but I was referring to the response above where there is no differentiation, simply stating that a NINO will only be issued if you are working rather than having the right to work and actively seeking employment. No mention of types of proof of right to work. Even with a British passport it take many weeks and he did in fact start working before the NINO arrived in the mail after the interview.


The reply:

"To be issued a National Insurance Number (NINO) an individual needs to be working (including self-employed), claiming benefit, or applying for student finance.
Those claiming benefit will have the NINO issued as part of the process if their claim is successful. Those working will need to go through the appointment at a Jobcentre system. If they are not working and do not have a confirmed employment, they will not be issued a NINO."

Surprised it did not mention residency/settled-status. Notably it also didn't mention Article 10 even though my query was specific to it.

Last edited by durham_lad; Nov 27th 2019 at 9:13 am.
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Old Nov 27th 2019, 9:26 am
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Default Re: Getting NINO after entering with Article 10 Card

Originally Posted by rickster000
Interestingly I emailed the DWP Policy Dept about this and surprisingly got a very quick reply.

So my question was what the policy was for new arrivals whose only documentation is their Article 10 Card.

The reply:

"To be issued a National Insurance Number (NINO) an individual needs to be working (including self-employed), claiming benefit, or applying for student finance.
Those claiming benefit will have the NINO issued as part of the process if their claim is successful. Those working will need to go through the appointment at a Jobcentre system. If they are not working and do not have a confirmed employment, they will not be issued a NINO."

Surprised it did not mention residency/settled-status. Notably it also didn't mention Article 10 even though my query was specific to it.
So I asked a follow-up question. Bear in mind that both the subject title and my original question were specific to Article 10 and Surinder Singh:

Q. Regarding the above subject, with the reply: "To be issued a National Insurance Number (NINO) an individual needs to be working (including self-employed), claiming benefit, or applying for student finance."
Can you clarify that in order to get a NINO, an Article 10 Card holder who is working (inc self employed) is not required to immediately provide a 'right to work', as per https://www.gov.uk/apply-national-insurance-number .
Also, can you suggest any policy guidance in print, of which an Article 10 Card holder in this position could take to their NINO interview to help explain their eligibility for a NINO and prevent a refusal based on 'right to work'?

Answer received:

"There are no special rules. The rules on NINOs apply to all. If the individual needs a NINO and has the right to one, one will be issued."


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