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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, My partner is a foreign national who overstayed his

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Hello, My partner is a foreign national who overstayed his visa in 2007 until 2013. We married abroad in late 2013 and he is now back in the UK on a spousal visa (I am a British national). We were scrupulously honest in the visa application about what I am going to ask you and about his overstay. While he was here illegally, he obtained a National Insurance number. He paid money for it, but does not know if this is a re-use of someone else's NI number or whether it is one which someone fraudulently obtained for him. He has since applied for (and received) a legitimate NI number. However, the employer who hired him previously will not accept his new NI number and continues to pay him using the old one. I understand that by the strict letter of the law, he has and continues to commit an offence. However, he has never used that national insurance number to obtain anything but employment. He has never used the NHS or obtained benefits. I spoke to a solicitor who said it would be likely that HMRC would prosecute if we contact them, but had no experience of it. Do you any knowledge of what HMRC would do and how a judge is likely to react? I'm very grateful for any advice.

It is very unlikely that HMRC will prosecute him if he approaches them and explains that he was issued with a false NIÑO previously by an agent and that he wishes to use his correct NIÑO henceforth.

The false NIÑO must be for someone else and HMRC should be able to sort out the records at their end and inform his employer to use the correct NIÑO from now on.

He should contact HMRC straight away and come clean so that he can start living an honest life and move on from his past.

Can I assist further?
Customer: replied 3 years ago.

Thank you for the information and for the speedy response. I understand that employer reaction will vary and is up to each company's policy, but in your experience is he likely to be fired from his job? He intends to leave soon, so losing the job is not the issue - just the fact that he would have today he was fired. thank you again.

If HMRC are on his side, he should be fine with the current employer, otherwise he may as well quit and loom for a new job and use his proper NIÑO and dust away his past.

The best thing that has happened is that he is back here lawfully with a valid visa.

All the best. Please remember to leave feedback
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