I previously noted the process of applying for a National Insurance Number (NINo). Find below a sample letter to accompany your application for a NINo if you do not currently have a residence card or certificate of application.
[ non EU name ]
[ EU Name ]
[ Postal Address ]
Date: [ Date ]
Department for Works and Pensions
[ Address ]
Application for National Insurance Number
An application for a NINo for [Non EU Name] has been filed. Pursuant to Regulation 9 of the Immigration (European Economic Area) Regulations 2006, [non EU Name ] is the Family Member of an EEA National.
As outlined on page 4 of the Home Office’s Table of Fees (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308633/fees-table-06-04-14.pdf) Applications for Residence Documentation under the Immigration (European Economic Area) Regulations 2006 are not mandatory.
In accordance with all caselaw relating to Surinder Singh (Case 370/90) – including the recent Case C-456/12 (O and B) [ Non EU’s Name ]’s status in the UK must not be treated any less favourably than that outlined within Directive 2004/38/EC.
Article 25(1) of said directive states:
1. 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.
The provision above has been held to be binding in law in the case of Okuoimose v City Facilities Management (UK) Ltd UKEAT/0192/11/DA – outlining that rights can be established using other means of proof. As I understand that [non EU Name]’s claim can be established with other proofs, I am supplying proof of residing in Ireland together, proof of being a [self] employed individual in Ireland, and proof of now residing within the UK together.
[ non EU name ]
[ EU name]