Not having your passport is an issue, because both the application for NI number and a new employer have to check your passport. On your Certificate of Application, there should be a phone number, with the promise that the Home Office will sort out these difficulties.

Now personally I would be surprised if they do, but it is worth a try. If that does not work, ask the Home Office to send your passport back. You can then shop it to the employer or job centre. Once your application is processed, they will ask you to mail it again.

And remember there are two options: you can apply for a NI number for, but you need to prove that you are looking for employment or that you have a contract. Or you can start to work without a NI number, in which case the employer has to initiate the process. In either case the law is on your side: you have the right to work.

 

Re: residence card application /certificate of application

Waiting may delay the whole process of NI number and your employment. You should go to the Home Office and collect your passport. It will not delay your application. When they are processing your application (and I mean 'actually processing'...not sitting on it), they will ask for your passport back.

Btw, did you say your application has been pending since May last year? It shouldn't have taken so long given that they are currently processing applications from October. You may want to follow-up with the HO anyway.

 

That is an interesting story. As you probably know, overstaying is no reason for refusal under European law. Still they have to process your application within 6 months, so I think your solicitor should write a strongly worded letter to the Home Office. Since they are clearly outside of the law, you can now demand the residence card, and may even be able to claim compensation (if you can prove that it stopped you from taking up employment).

The fact that they ask for a recent pay slip probably means that they are actually working on your application. But it is strange that you had no response since. Maybe it got put at the bottom of the pile again?

Though first and foremost I still think you should ask for your passport back. Maybe everything is ready, and they just need a trigger to issue the residence card. Or maybe they want to do more checks, in which case your passport is not required either. In any case you can get on with your life, and then sort out the residence card later.

 

Hi, Where does it say that overstaying is no reason for refusal under European law? My Ozi boyfriend overstayed his visa and now applying for EEA2, as I am EU citizen and we are together for over 6 years. We are worried that because he overstayed his visa he could be sent back home.
Please let me know where we could get some more info about it. We are completing documentation now - any advice?

Thanks!

 

I’ve been reading on HO website the European Casework Instructions and got quite worried:

Regulation 8 of the 2006 Regulations covers partners of EEA nationals, i.e. common-law partners and same-gender partners when no Civil Partnership has been entered into but the third country national is in a ‘durable’ relationship with the EEA national.

Under no circumstances should a person be granted a residence card on the basis of a durable relationship if s/he is not lawfully resident in the UK at the time that the application is made.

Although a non-EEA national can be considered on the basis of Regulation 8 if s/he has provided proof that s/he is in a durable relationship we have discretion with regard to the issue of a residence card. We should not seek to exercise discretion in his/her favour in instances where the non-EEA national is not lawfully resident in the UK.

I emailed the lawyer at the agency which is helping us with the application, but she said we shouldn't worry about this. How am I supposed to not to worry after reading this? Does anyone know?