US National refused NINO

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  • #38115
    rds01
    Participant

    We have a married couple, man who is British and wife who is American. They have come here to live, husband has NINO. American wife applied for a NINO was this was refused as she failed to supply sufficient evidence about her right to work. I have tried phoning several departments, all useless! My query is, I assume we refuse HB as partner has no NINO. Does anyone know what info she has/can supply to prove her right to work? Many, many thanks.

    #107318
    Anonymous
    Guest

    Sounds like her NINO application was dealt with as an application from someone who wants to work, rather than a “benefit-inspired” NINO for the purpose of supporting her husband’s HB claim. A work-inspired NINO is required by a completely separate statutory scheme. It is true that you cannot have a work-inspired NINO unless DWP or HMRC is satisfied that your immigratioon conditions allow you to do the work you are doing/contemplating doing.

    For a benefit-inspired NINO all she has to do is make the application and provide proof of ID. If she has done that, you can award HB to her husband.

    #107319
    rds01
    Participant

    Thanks for reply. Should we send a DCL1 form then and will the fact that a previous application has been refused make any diference?

    #107320
    Anonymous
    Guest

    I hesitate to recommend a DCI1 here – I can see it making things more complicated than they need to be. If you are satisfied already that this person has (1) applied for a NINO and (2) backed up that application with proof of her ID, there is nothing else required. If you are not sure whether that is the case, send the DCI but with a covering note explaining that you know she has failed in her application for a work-inspired NINO but in order for her BRITISH husband to claim benefits you need to be satisfied that she cooperated with the process to the extent necessary to satisfy the BENEFIT-INSPIRED NINO rules.

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