Application for Nino has been refused..

[Ernas]

I am a non EEA national married with EU citizen ,
My application for insurance number has been refused because I have failed to provide evidence of right to work. Please help if you know something about it.

[Ernas]

Bump

[alterhase58]

On gov.uk there is a checker to see whether someone is entitled to work:
https://www.gov.uk/legal-right-work-uk

Hypthetically I have put in following details:
1 Does the worker have a UK passport? No
2 Does the worker have a Certificate of Registration or Naturalisation as a British Citizen? No
3 Is the worker: a non-EEA family member of someone from the EU, EEA or Switzerland? Yes
4 Does the worker have a Permanent Residence Card issued to the family member of an EU, EEA or Swiss national? No
5 Does the worker have a current Residence Card that is issued by the Home Office to a non-EEA national who is the family member of an EU, EEA or Swiss national? Yes
Result: The person is entitled to work in the UK.

If this is your scenario, maybe you should refer the NINO admin to this website?

[Richard W]

But the same program comes to no conclusion if the person's application for a residence card has only got as far as receiving a Certificate of Application.

[Obie]

I am a non EEA national married with EU citizen ,
My application for insurance number has been refused because I have failed to provide evidence of right to work. Please help if you know something about it.

What evidence did you provide?

[Ernas]

At the appoitment they asked for :
1. My wife id card which is residence card issued by greek goverment and her passport with a stamp (with date she arrived)
2. Marriage certificate ( it was not translated in English ( was in Greek ) here might be the problem?!
3. Proof of address ( I provide them council tax but her name was not in there, only mine because I made new tenancy agreement and I have to wait 6 weeks to get new council tax bill with her name.
4. My passport which I think was ok (Greek passport)
5. They asked for my nino as well which i have provided.

On Wednesday I have an appointment , I am not sure if i will provide them marriage certificate translated in English and certified as well as tenancy agreement with her name , they will accept or not.

My cousin had same case like me and they gave his wife nino. Maybe she need to apply for residence card and then for nino. Please i would really appreciate your help if you suggest me something.

[Richard W]

5. They asked for my nino as well which i have provided.

It is extremely confusing for a poster to use 'I' when it could mean either of two people. I presume the problem here is that the wife of a Greek citizen has been refused a NI number.

From the information given above, it is not clear that the wife does have a right to work!

Is the husband working as an employee and paying national insurance? If so, HMG would appear to be in breach of Article 25 of Directive 2004/38/EC:

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.

A pay slip showing NI deductions might be helpful, though it ought to be unnecessary.

Why has the wife not applied for a residence card?

[Ernas]

Hi Richard W,
Thank you for your support.
I am a wife of a Greek citizen who got a Permanent job that means that he is a 'qualified person'. I thought that would be better to apply for Nino than for residence card. I came in UK 4 weeks ago and am getting all the papers I need to apply for residence card.