Subject to Immigration Control?

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  • #39173
    Beccy
    Participant

    Hello,

    Could someone please clarify for me:

    The CL is a UK national but has moved back to the UK with his PT who is a Thai national – she has a Thai passport and a valid spouse visa due to expire in 18 months, she does not have a NINO.

    I am struggling with this as I am unsure if this falls in the definition of I&A Act (1999) s.115(9)(a).

    The PT is not a national of an EEA state and does require leave to enter/remain – but by being given a 2 year spouse visa does she now have leave to enter/remain or not under 115(9)(a)?

    The way that I read this is that she does have leave to enter/remain albeit for a 2 year limited period and therefore she needs to have a NINO or apply for one.

    However, I am concered that I might be mis-interpreting this and the fact she only has a time-limited spouse visa means she dpes not have leave to enter/remain and therefore does not need to comply with the NINO condition.

    If someone could ‘un-muddy’ this for me I would appreciate it!!!

    Beccy

    #111178
    stevedaymond
    Participant

    The partner will need a NINO as she is probably here under 115(9)(b) with no recourse to public funds.

    #111179
    Anonymous
    Guest

    You are reading it riht – she does reqire a NINO.

    Were she to claim HB herself, her claim would be refused under s115(9)(b): a person who does have leave, but limited in tiome and with a no recourse to public funds condition.

    115(9)(a) refers to illegal immigrants, overstayers and temporarily admitted asylum seekers: those are the ones who don’t require a NINO because the Government doesn’t want people like that walking around with NINOs. Your claimant’s partner is not one of these, so the NINO requirement applies to her and she must cooperate with the process.

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