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#1 Andy G

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Posted 26 August 2008 - 07:29 PM

Hi

I have recently being posting comments on another topic on UK Resident 'United States wife overstay'

We applied for tax credits last week and have been reading through the Claiming benifits topic,I am British born and raised here with an national insurance number but she does not have one,could this mark a problem with our claim or cause delays? We did put on the form that she was 'subject to immigration control'.

Thanks.



#2 zfh

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Posted 26 August 2008 - 08:35 PM

you can check it out on taxcredits online on the part do i qualify.
there you will be able to find out how much you both can get.

#3 Andy G

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Posted 02 September 2008 - 06:13 AM

I know that i qualify for tax credits but its a joint application and she has no national insurance number,just wondering if it was likely to cause delays or a refusal,we applied 2 weeks ago.

#4 John

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Posted 02 September 2008 - 08:45 AM

I know that i qualify for tax credits but its a joint application and she has no national insurance number,just wondering if it was likely to cause delays or a refusal


The lack of NI number will cause a delay, because your wife will need to go through the procedure to get one issued to her, prior to the real processing of the Tax Credits claim.

However, given the claim has already been made, you will not end up actually losing any money. The first payment, a catch-up payment could be rather good! However, in terms of cash flow, this is not good, because you would probably prefer the payments to start as soon as possible.

Can they reject the joint claim because of your wife's immigration status? No!

#5 Andy G

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Posted 03 September 2008 - 02:33 PM

Thanks fot the reply John

Can she actually get a NI number with her overstayer status? If not should i just call them and say that there is no way of her getting a number?

Thanks.

#6 John

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Posted 03 September 2008 - 03:31 PM

They are obliged to issue a NI number if either she is working or intending to work, not applicable to your wife, and/or she is intending to be a claimant for benefits. As she is totally entitled to be a joint claimant, with you, for Tax Credits, they are obliged to issue a NI to her.

On the claim form, where it asks for your wife's NI number, just write something like "Not yet issued". That will provoke the start of the procedure to get one allocated to her.

By the way, by itself, the possession of a NI number has never given the ability to work legally in the UK. And it has always been that way, even though a number of employers have historically thought otherwise.

#7 Andy G

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Posted 07 September 2008 - 09:09 AM

Thanks John

The tax credits office called and said we need your wife's NIN,call back when you get it,so we will try to get one for her.
I have been advised that it could be difficult getting one for her even though she is entitled to one,people at the job centre dont like it when people that have no right to work apply for a NIN,do you think this could be a problem?

Also what is the usual timescale for getting a NIN?

Thanks

#8 John

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Posted 07 September 2008 - 01:57 PM

She is legitimately claiming benefits, so is entitled to a NI number, however much the Job Centre+ staff might not like it.

Have a read of this Job Centre + webpage. You will notice the contact telephone number there.

I am actually surprised the Tax Credits office have asked you to make the next move. I would have expected them to do that. So I will not be surprised when you phone the Job Centre+ number that they say they need to hear from the Tax Credits office.

#9 martin1981

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Posted 25 September 2008 - 07:58 PM

I see this is an old(ish) topic, but I've just joined the forum and I'm in a very similar situation to Andy.

My wife is not an EU national, and holds a "temporary leave to remain" or "entry clearance" spouse visa. She is entitled to work, but hasn't worked in the UK as I work full time and we have a young daughter who my wife looks after. So she's never had the opportunity to apply for an NI number.

John's information was invaluable to me, especially as he made clear that they are actually obliged to provide her with an NI number, which nobody at the Tax Credits helpline was able to tell me (in fact most of them knew very little and had never heard of this situation before). I'll try and cut a long story short, but this is what's happened so far:

28th July: form was processed by Tax Credits office, and after phoning up I discovered I couldn't receive the tax credits because my wife had no NI number.

1st August: Spoke to Tax Credits helpline who advised that we'd have to wait a maximum of 6 weeks for a letter from the DWP inviting my wife to the local job centre for an interview to obtain an NI number. Was advised that the request to the DWP would be sent out THAT DAY for sure!

12th September (exactly 6 weeks later): Called again to check progress, as no letter had been received. Was told that the request to the DWP was NOT sent out on 1st August, but actually on the 15th August (despite 3 advisers having told me it was definitely sent out on the 1st)

Now, tomorrow (26th September) is exactly 6 weeks after the request was apparently sent on 15th August. And we still haven't received anything. I suppose there's a chance it could arrive in tomorrows post, but I'm not banking on it! I'm going to be straight on the phone to the Tax Credits "helpline" tomorrow morning to try and find out more information.

I have been told that if the wait goes over the 6 week period then the Tax Credits office actively chase it up with the DWP, but they gave no indication how long this process could take. They could also give no indication as to how long it takes from the interview until she
actually receives the NI number.

Anyway I'm not sure if this thread is still active, but I can let you know how the rest of it goes if anybody is interested? I may just try to PM Andy to see if he got any further...

This looks like a great forum, thanks in advance for any help or advice!

Martin


She is legitimately claiming benefits, so is entitled to a NI number, however much the Job Centre+ staff might not like it.

Have a read of this Job Centre + webpage. You will notice the contact telephone number there.

I am actually surprised the Tax Credits office have asked you to make the next move. I would have expected them to do that. So I will not be surprised when you phone the Job Centre+ number that they say they need to hear from the Tax Credits office.



#10 honeybee72

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Posted 26 September 2008 - 12:16 PM

I see this is an old(ish) topic, but I've just joined the forum and I'm in a very similar situation to Andy.

My wife is not an EU national, and holds a "temporary leave to remain" or "entry clearance" spouse visa. She is entitled to work, but hasn't worked in the UK as I work full time and we have a young daughter who my wife looks after. So she's never had the opportunity to apply for an NI number.

John's information was invaluable to me, especially as he made clear that they are actually obliged to provide her with an NI number, which nobody at the Tax Credits helpline was able to tell me (in fact most of them knew very little and had never heard of this situation before). I'll try and cut a long story short, but this is what's happened so far:

28th July: form was processed by Tax Credits office, and after phoning up I discovered I couldn't receive the tax credits because my wife had no NI number.

1st August: Spoke to Tax Credits helpline who advised that we'd have to wait a maximum of 6 weeks for a letter from the DWP inviting my wife to the local job centre for an interview to obtain an NI number. Was advised that the request to the DWP would be sent out THAT DAY for sure!

12th September (exactly 6 weeks later): Called again to check progress, as no letter had been received. Was told that the request to the DWP was NOT sent out on 1st August, but actually on the 15th August (despite 3 advisers having told me it was definitely sent out on the 1st)

Now, tomorrow (26th September) is exactly 6 weeks after the request was apparently sent on 15th August. And we still haven't received anything. I suppose there's a chance it could arrive in tomorrows post, but I'm not banking on it! I'm going to be straight on the phone to the Tax Credits "helpline" tomorrow morning to try and find out more information.

I have been told that if the wait goes over the 6 week period then the Tax Credits office actively chase it up with the DWP, but they gave no indication how long this process could take. They could also give no indication as to how long it takes from the interview until she
actually receives the NI number.

Anyway I'm not sure if this thread is still active, but I can let you know how the rest of it goes if anybody is interested? I may just try to PM Andy to see if he got any further...

This looks like a great forum, thanks in advance for any help or advice!

Martin


She is legitimately claiming benefits, so is entitled to a NI number, however much the Job Centre+ staff might not like it.

Have a read of this Job Centre + webpage. You will notice the contact telephone number there.

I am actually surprised the Tax Credits office have asked you to make the next move. I would have expected them to do that. So I will not be surprised when you phone the Job Centre+ number that they say they need to hear from the Tax Credits office.



I have big interest in this thread as I am a UK national my husband is not. Tried to claim Tax credits in July 07 and after a long, a v long drawn out period,, cutting a long story short, the claim was rejected in Oct 07 because my hubby could not get a NI NO. i had read somewhere that dwp can set up temp.nino for the purpose of benefit but despite them doing so tax credit still rejected it and further more said i had no right of appeal because of absence of nino. they then went on to tell me to make a claim as a single person which I did in february 08 but made sure i got proof of this so there is no come back. requested all data under Freedom of information and Data Protection Act. a lot of paperwork i know but it's free. they sent a list of all recorded phonecalls despite contradictary advice given and i also requested a copy of recorded phonecalls supplied on a CD. i hope this helps anyone...




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