# Code 1a Stamp and NIN



## vesnita (May 24, 2012)

Hi everyone, 

I'm new in this forum, but I've been reading this forum for a while. I'm a wife of a EEA citizen. On 3rd of October I've entered the UK with Code 1a Stamp. This friday I have apointment for an interview for the NIN. My husband is starting his work in 2 weeks, meanwhile I taught to find a job before applying for EEA2. 
Could anyone tell me if getting NIN before EEA2 is possible? I mean, I don't know if officers in job center will know that with Code 1a stamp I have the right to work, since nowhere is written that and if they will know what stamp it is because it's not written on it Code 1a stamp...

Thanks for answering! 

Sincerely, 

Vesnita


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## Jrge (Mar 22, 2011)

Hi,


vesnita said:


> Hi everyone,
> 
> I'm new in this forum, but I've been reading this forum for a while. I'm a wife of a EEA citizen. On 3rd of October I've entered the UK with Code 1a Stamp. This friday I have apointment for an interview for the NIN. My husband is starting his work in 2 weeks, meanwhile I taught to find a job before applying for EEA2.
> Could anyone tell me if getting NIN before EEA2 is possible? I mean, I don't know if officers in job center will know that with Code 1a stamp I have the right to work, since nowhere is written that and if they will know what stamp it is because it's not written on it Code 1a stamp...
> ...


You shouldn't have any trouble to get your National Insurance Number. However, bring your marriage certificate and a copy of your husband's passport. Also you might want to print and bring this : Guidance. Look for 4.3

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

vesnita said:


> Hi everyone,
> 
> I'm new in this forum, but I've been reading this forum for a while. I'm a wife of a EEA citizen. On 3rd of October I've entered the UK with Code 1a Stamp. This friday I have apointment for an interview for the NIN. My husband is starting his work in 2 weeks, meanwhile I taught to find a job before applying for EEA2.
> Could anyone tell me if getting NIN before EEA2 is possible? I mean, I don't know if officers in job center will know that with Code 1a stamp I have the right to work, since nowhere is written that and if they will know what stamp it is because it's not written on it Code 1a stamp...


Code 1A stamp is a rectangular stamp that states 'Leave to enter the United Kingdon is given for/until...' with usually six months entered by hand by the immigration officer, without the visitor endorsement of employment prohibited and no recourse to public funds. In the boxes below, the immigration officer writes the reference number of the landing card completed by the passenger. It's given when a family member of an EEA citizen arrives at UK border without EEA family permit or residence card, and there is enough evidence to grant them entry under EU regulation (Directive 2004/38 EC) which gives derived free movement rights to non-EEA family members. 


Now, when you go to your evidence of identity interview (EOI) at Jobcentre Plus, it's likely that initially they will insist on EEA family permit or, better still, residence card as Home Office proof of employment rights. Show them your passport with code 1A stamp, and in theory they should process your request for national insurance number, but it may not be so straightforward. Just politely stand your ground, and hopefully, after a lot of consultations, they may just accede to your request, but there's no guarantee. Take documents suggested by Jrge.


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## vesnita (May 24, 2012)

Thank you guys for your answers!
I'll listen to you advice, hope everythng goes well.
Cheers!

Vesnita


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## vesnita (May 24, 2012)

Hi,

today I got my NIN 
just to say that I got it with no problem, on 12th I went to job centre for an interview and today (22nd) got it by post.
Now next step is residence permit.

Cheers!
Vesnita


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## alliekat (Oct 8, 2012)

Jrge said:


> Hi,
> 
> 
> You shouldn't have any trouble to get your National Insurance Number. However, bring your marriage certificate and a copy of your husband's passport. Also you might want to print and bring this : Guidance. Look for 4.3
> ...


Hi! I realize that this is an old thread, but is there an updated link you can provide re: "Guidance"? The link goes to a "not found" page now. I'm doing the same thing tomorrow, and I'd like to be "armed" as it were. Thanks!!


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## frizzo (Oct 1, 2013)

*Ni number with 1A*



Jrge said:


> Hi,
> 
> 
> You shouldn't have any trouble to get your National Insurance Number. However, bring your marriage certificate and a copy of your husband's passport. Also you might want to print and bring this:[....]. Look for 4.3
> ...



Just like the user before i would like to know what was the guidance you linked, now the page doesn't exist.

By the way my girlfriend went to the NI number interview today with the 1A stamp, marriage certificate and copy of passport and they were suspicious about the 1A stamp they didn't know what it was, they investigated a bit and in the end they told her they will process her application through the head office and it may take from 4 to 6 weeks...

But they say also that if she has got evidence about the right of work with the 1A stamp she can reschedule another interview, so i am looking for the documents stating the right to work for wives/husbands of europeans in Uk.


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## Joppa (Sep 7, 2009)

I don't think you'll find any official statement to the effect that code 1A stamp permits work for non-EEA family members. All you find is that it's a limited leave to enter for 6 months. The fact that it isn't endorsed with 'employment prohibited' may be worth pursuing, but the argument from silence isn't going to cut much ice when they are demanding positive evidence.


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## frizzo (Oct 1, 2013)

*thanks!*



Joppa said:


> I don't think you'll find any official statement to the effect that code 1A stamp permits work for non-EEA family members. All you find is that it's a limited leave to enter for 6 months. The fact that it isn't endorsed with 'employment prohibited' may be worth pursuing, but the argument from silence isn't going to cut much ice when they are demanding positive evidence.


Thank you for your prompt answer, i never got the chance to thank you but if my wife and i went through all the bureaucracy so far it's thanks to all the replies you and jrge gave on this forum to everyone.

Going back to the NI number, the guy from job centre plus was very helpful, he said that they used to have a book explaining every stamp on passports but now they can't use it anymore so everybody is confused.

Some stamps clearly state the right to work or not, the 1a doesn't.

Anyway i was hoping to find something to reschedule an interview, but if i can't find anything i'll have to wait a few weeks to see what they say.

Just one question: do you know of anybody with 1a stamp who had the NIN denied?
I read many positive feedback online i thought it was more straight forward...


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## FelixTheCat (Feb 20, 2014)

frizzo said:


> Just one question: do you know of anybody with 1a stamp who had the NIN denied?
> I read many positive feedback online i thought it was more straight forward...


It's a old thread...buuut...Yes...ME ! And now I've no idea about what to do. I found this guidance https://www.gov.uk/government/uploa..._data/file/270839/snap-s4-docs-to-support.pdf

and I'm considering to use this route (page 23) since my son is a EEA: A passport or national identity card showing that the holder, or a person named in the passport as the child of the 
holder, is a national of the European Economic Area or Switzerland.


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## frizzo (Oct 1, 2013)

*thanks*



FelixTheCat said:


> It's a old thread...buuut...Yes...ME ! And now I've no idea about what to do. I found this guidance https://www.gov.uk/government/uploa..._data/file/270839/snap-s4-docs-to-support.pdf
> 
> and I'm considering to use this route (page 23) since my son is a EEA: A passport or national identity card showing that the holder, or a person named in the passport as the child of the
> holder, is a national of the European Economic Area or Switzerland.


Thank you Felix, this is very helpful, we have been waiting for the NI number for 3 weeks now and no sign of it, so i think we'll reschedule the interview.

What's the name of the guidance you found, and where did you find it?


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## FelixTheCat (Feb 20, 2014)

frizzo said:


> Thank you Felix, this is very helpful, we have been waiting for the NI number for 3 weeks now and no sign of it, so i think we'll reschedule the interview.
> 
> What's the name of the guidance you found, and where did you find it?


3 weeks ? oh, no..wait more ! It's taking at least 6 weeks ! My wife reveived his nin while my nin was denied. But it took 6 weeks ! 


I found it on google...Good lucky !

Btw...I will change my plans now regarding nin: I will foget the 1A...I will apply for the RC and receive a COA.


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## frizzo (Oct 1, 2013)

FelixTheCat said:


> 3 weeks ? oh, no..wait more ! It's taking at least 6 weeks ! My wife reveived his nin while my nin was denied. But it took 6 weeks !
> 
> 
> I found it on google...Good lucky !
> ...


After 5 weeks we received the refusal letter for the NI number. So the 1A stamp wasn't enough...

We already applied for the EEA2 last week so now we are waiting for the Certificate of Application.

How is it going for you? Did you receive your COA?


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## frizzo (Oct 1, 2013)

*CoA*

For the people interested in the situation:

We applied for the EEA2 on the 10th of June and on the 27th we received the certificate of application clearly stating my wife has the right to work.

I don't know now if the employer will be satisfied with this certificate or if my wife will need to schedule another interview for the NI number (even though we don't have the passport at the moment).


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## frizzo (Oct 1, 2013)

*Freedom!*



frizzo said:


> For the people interested in the situation:
> 
> We applied for the EEA2 on the 10th of June and on the 27th we received the certificate of application clearly stating my wife has the right to work.
> 
> I don't know now if the employer will be satisfied with this certificate or if my wife will need to schedule another interview for the NI number (even though we don't have the passport at the moment).


Actually the employer wasn't satisfied with COA and asked for a proper NI number and my wife lost the job she had at that moment even though she applied straight away for a new NI number, which took 5 more weeks.

Anyway good news we got the family permit for 5 years, i will post the timeline:
10th June EEA2 application sent
27th June COA received.
My wife called immediately for an appointment for the NI number and she got one just 10 days after.
Her employer got upset she didn't have the NIN and asked my wife to go in person at the jobcenter trying to get an NI number, she tried but she couldn't get one.
After that week they never called my wife back to work.
She did the interview for the NI number on the 8th July.
5th August Passports received with 5 years visa on it.
14th August we got the NI number.

Hopefully she will start a new job next week and all this odyssey will be over.
Best luck to all the people who are in the process


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## Pallykin (Mar 30, 2014)

frizzo said:


> Her employer got upset she didn't have the NIN and asked my wife to go in person at the jobcenter trying to get an NI number, she tried but she couldn't get one.
> After that week they never called my wife back to work.


i thought that you could start work without an NIN, and then they would correct your tax withholdings once you received the NIN?


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## nyclon (Apr 3, 2011)

Pallykin said:


> i thought that you could start work without an NIN, and then they would correct your tax withholdings once you received the NIN?


Correct.


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## frizzo (Oct 1, 2013)

Pallykin said:


> i thought that you could start work without an NIN, and then they would correct your tax withholdings once you received the NIN?


Exactly, unfortunately my wife found a stubborn employer, he wanted to see immediately the NI number to process the wages, even though we showed the Certificate of Application which states clearly she had the right to work. 

According to the British law, you can start working without NI number, in that case your employer has to put you on a special emergency tax code until you receive the NIN, at the end of the tax year you can claim back the taxes you overpaid.


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## Joppa (Sep 7, 2009)

frizzo said:


> According to the British law, you can start working without NI number, in that case your employer has to put you on a special emergency tax code until you receive the NIN, at the end of the tax year you can claim back the taxes you overpaid.


Once you get your national insurance number and are given your tax code, the employer (through its payroll software or payroll company) automatically recalculates your tax position and repays your overpaid tax in your next pay packet.

I'm afraid during probationary period, you can be sacked for any reason, other than on illegal grounds like sexual, racial or disability discrimination.


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## frizzo (Oct 1, 2013)

Joppa said:


> Once you get your national insurance number and are given your tax code, the employer (through its payroll software or payroll company) automatically recalculates your tax position and repays your overpaid tax in your next pay packet.
> 
> I'm afraid during probationary period, you can be sacked for any reason, other than on illegal grounds like sexual, racial or disability discrimination.


Yeah, thanks Joppa for the clarification.

Anyway hopefully now everything is settled for us, i hope this thread will be helpful for people in the same situation!


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