NIN on EEA Family Work Permit

My husband has got his EEA Family Work Permit. His visa application was successful and he's coming back from US to UK next week.

Can he now apply for NIN straight away or is there anything else he needs to do to get a work permit?

What is the best advise for him on what to do to stay in UK permanently? I am 7 months pregnant and we want to settle here. Shall he apply for Residence Card or can he just stay?

He doesn't need a work permit - just being married to you gives him the automatic right to live and work in the UK, as long as you are exercising treaty rights or have permanent residency. The EEA Permit is just official evidence/confirmation of this right.

He can technically start working before he has a NIN, though most employers will ask for it when he applies, and also he won't be taxed at the correct rate until he gets it, so it's best for him to get it sooner rather than later.

So, he'll just need to apply for a NIN as soon as he can after arriving in the UK. He'll just need to show them the EEA permit as his proof of right to work.


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As the family permit is only valid for 6 months, he should apply for the residence card before those 6 months are up, and you will need to show the same evidence again for the residence card application.


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Thank you for your reply.

I got one more question - When he came to UK first time (flight through Ireland) he had tourist visa for 6 months. He has applied for Residence Card twice and it was refused. He applied again in December and in January his tourist visa was expired. However he stayed in UK until July as the home office kept his passport and he was waiting for the decision. His visa application was refused and he was requested to leave. When he arrived to the Ireland they were questioning him why did he stayed so long if his visa was already expired and he was told that is best not to fly via Ireland again without proper documents.

Do you think he can take a flight through Ireland or will he experience difficulties once arriving to Dublin?

The problem with arriving through Ireland is that there are no immigration controls between Ireland and the U.K... Which means he never went through UK immigration and was only ever given a 3-month visitor visa for Ireland (which allows him to travel in the UK too but not for more than 3 months) and not a 6-month visitor visa for the UK. So, his tourist visa would actually have expired 3 months earlier in October, not in January.

He should NOT travel through Ireland on his first entry to the UK with the EEA permit because he will not go through UK immigration and therefore his visa will not be stamped to show the date he entered.

He will need this entry stamp for future applications (to show how long he has lived in the UK and what date he arrived), so he should avoid Ireland at all costs when he flies to the UK.

Once he has that first stamp though, it shouldn't matter of he flies through Ireland in the future.


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Which country he should fly through? Which country will stamp his visa?

Which country he should fly through? Which country will stamp his visa?

He should fly directly to the UK. There are direct flights from many cities in the USA. You can fly to London or Manchester or whatever city is closest to your location...

The UK will stamp his visa.

Will he be able to fly from San Fransico to London with a connecting flight through Iceland and still go through customs in London considering iceland isnt part of the EU?

Yes, that's fine. Providing the flight is one booking and just a layover in Iceland, he won't go through any immigration in Iceland, only in the UK.

The only country he shouldn't travel through on the way is Ireland, because they are in the CTA (common travel area) which has no immigration control.


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My husband has got his EEA Family Work Permit.

Well it's about time! You shouldn't have been put through all that crap.

What is the best advise for him on what to do to stay in UK permanently?

He (and maybe you if you haven't got PR) are going to be subject to what is offered on Brexit. It will take him over five years on those EU laws but Brexit and the end of EU laws, is expected in two.

I have asked you your timeline before, to see if you automatically had PR before you left the UK. If you haven't obtained PR, then it is very important that you exercise treaty rights as a qualified person at all times.

Ceasing to be a qualified person means that the EU citizen and all their family members, lose their right to reside in the UK. Ceasing to be a qualified person also means their non-EU family members RC becomes invalid and therefore no work rights anymore for them.

Remaining a qualified person at all times (if you haven't obtained PR) is even more important now.
- The Brexit negotiations are talking about EU citizens legally (qualified person or PR) in the UK.
- The UK have just changed the law this month and made working without legal status, a criminal offence, carrying up to 51 weeks in jail.
- There are other changes to those without legal status coming in soon, i.e. driving without legal status in the UK being made a criminal act and carrying up to 51 weeks in jail.

If you find you have obtained PR, then after 1 year you could apply to be British citizenship to secure your stay (subject to the rules for British citizenship). But you becoming a British citizen would mean that you could no longer sponsor your non-EU husband under EU laws. If you already have PR, you will have to watch your timing and see what is on offer with Brexit.