Client is British, partner is not and is subject to "no recourse to public funds". I know that under TC Immigration Regs. 2003 they can claim as a couple. She does not work (is a student) and does not have a national insurance number (NINO). When I dealt with a similar case 2 years ago it took months to get TCO to process the claim because of the absence of a NINO; it was also virtually impossible to get a NINO issued. Does anyone have any more recent experience of this please - is there anything we can do to speed up the process (either with TCO or on issue of NINO)?

My most recent experience of this is a claim made in January 2005. Claim was still not processed by June 2005. I was told by a helpline adviser that client would have been better off claiming as a single parent and that this would have been acceptable since partner had no recourse to public funds anyway (and, importantly, no income). I don't know if this was accurate advice, but I think it would be best checking out whether the British client should claim without partner's details to speed process up.

I have a case which I have been dealing with since July, where both members of the couple have indefinite leave to remain, and both are allowed to work and/or have recourse to public funds. The wife has no N.I. No as she was born abroad (Somalia) Our local Jobcentre has no problem setting up an interview for the wife to get a N.I. No, just as soon as the TCO phones them to confirm she has sent a claim form for tax credits. Our local Jobcentre has also offered to phone and speak to to the wife herself to make sure she understands the date and time of her N.I. No. interview.
I have explained all this in a letter to the TCO Customer Services Section in Preston. Doesn't sound like a difficult process, does it?
The only phone call the TCO has made so far is to the husband to tell him he isn't entitled to tax credits because his wife has no N.I. number.
I've sent them a letter of complaint giving them two weeks to contact the Jobcentre, before I make a complaint to the Parliamentary Ombudsman.

I have a case where the guy in question was French. The claim was put in as a joint claim and the TCO referred him for an interview for an NINO. Once they had the NINO the claim was processed and awarded correctly (if that's possible!).

The complications were caused by incompetence and they might be worth looking out for -

firstly, the IR sent through the wrong address and phone number for the guy and subsequently all the interview letter went to the wrong address and the first claim was eventually turned down as they believed he was not resident. This was rectified for the second claim.

Secondly, it has now turned out the his NINO has also been asigned to another foreign national and is causing huge problems with his tax codes and NI conts. They also worryingly seem unab;e to rectify the problem and are actually unable to pinpoint which department should be sorting out the problem.


I think the best way is to put in the claim as a couple and wait for the interview. They will need to physically fill in the forms as the one online will not let you submit without the NINO and will not request the interview.