rickster000

Seems to be a hit and miss with a lot of people being told at their NINO interview that they are not entitled to one, even some who have already started or are about to start employment.

I can't find any direct Gov info on the 'right to work' (and right to a NINO) for an Article 10 holder.

Apart from explaining EU free movement and Surinder Singh to the interviewer, is there any advice to preempt this problem?

Thanks.

SanDiegogirl

I can't find anything about being able to work either...... the following document says that what you are allowed to do with a resident card is 'enter the UK' - nothing about work...

https://www.gov.uk/government/public...residence-card

SanDiegogirl

Read the response from a John Hall UKVI, to a question put to HO on following website:

https://www.whatdotheyknow.com/reque...uk_for_article

Specifically where he says:

In order to have the right to work within the UK you will need to apply for a European family member residence card for the UK.

This to me means if you want to the fully eligible to work in the UK then you need to have and EEA Family permit.

BritInParis

The non-EU citizen needs to apply for status under the EU Settlement Scheme. They cannot apply online as a Surinder Singh applicant; they will need to call the EU Settlement Resolution Centre to request an application form.

https://www.gov.uk/contact-ukvi-insi...settled-status

SanDiegogirl

If you entered the UK WITH an EEA permit, do you still need to get this Settlement Scheme status in order to be eligible to work?

BritInParis

Yes, although you can work whilst you wait for a decision.

SanDiegogirl

OK Thanks...... So it's not just a case of entering with an Article 10 OR and EEA permit......

BritInParis

Both allow you to enter; it’s the remaining part that requires a residence card.

rickster000

I don't see the need for an EEA FP mentioned there.

rickster000

This is the problem. The fact that you can start work while you apply for the 'right to work'.

The FOI request above clearly does not address this scenario.

To my knowledge there is no clear guidance about which point on that timeline a NINO can be issued. Hence the numerous disparities.

BritInParis

When you apply you should be given a Certificate of Application. This gives you the right to work whilst you wait for your application to be considered. It should also allow you to be issued with a NINO.

rickster000

Some people get the NINO before they apply for residency and others are refused even when they present a COA. As I say, it seems very hit and miss.

BritInParis

I don’t doubt it but I can only tell you what the DWP should be doing.

rickster000

For sure.

Much appreciated.

SanDiegogirl

Sorry,...meant to say UK residence card.....