EU citizen - self employed

no NI number

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we've taken a new client, she's come to the UK and is commencing self employment

she's been refused an NI number on the basis she doesnt need one - we cant register her for self assessment without one

the NI office have told her that she can register as self employed without an NI number, but i think this incorrect

where do we go from here

Replies (4)

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By WhichTyler
10th Jan 2020 01:34

Listen in on the call to the NI application line? Someone has got the wrong end of the stick

From https://www.gov.uk/apply-national-insurance-number

If you do not already have a National Insurance number, you only need to apply for one if you’re planning to:

work

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Replying to WhichTyler:
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By Crouchy
10th Jan 2020 11:00

thanks, the client has commenced self employment already, she's actively promoting her business

she has not yet had a customer - this is the reason why they are refusing to issue the NI number

any ideas?

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Replying to Crouchy:
RLI
By lionofludesch
10th Jan 2020 11:17

busacrun wrote:

thanks, the client has commenced self employment already, she's actively promoting her business

she has not yet had a customer - this is the reason why they are refusing to issue the NI number

any ideas?

Yes.

Get a customer.

Apply for NI number after that.

All about timing.

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By David Heaton
16th Jan 2020 19:07

The law requires registration for a NINO by anyone aged 16 or over who is an employed or self-employed earner and is resident or present in the UK and not exempt from the rule under EEA rules or a treaty. An adult EU citizen who comes to set up a business in the UK without simultaneously being in business in another EEA state (which might be the competent state that has responsibility for collecting contributions and paying benefits) is liable to register for a NINO.

The only question is when she actually becomes a self-employed earner. Deciding to become self-employed doesn't get you there. If she's commenced trading, she's got to register and they've got to register her, and commencement doesn't necessarily mean having a first customer. Look at Birmingham & District Cattle By-Products for guidance.

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