Class 2 or 3 after working in the USA

pinnks

ReturnoftheNative said:

molerat said:

If you were working / self employed / seeking work immediately prior to moving and had 3 years paid contributions and lived in UK for 3 consecutive years then you should be eligible to pay class 2 for periods when working overseas.  Completing a CF83 is the usual way to apply for overseas NI but how that plays out now as we are past the 5th April cut off for submission I don't know.  I believe there is another complication when applying for the  class 2 route when past retirement age.  As to what you should do ........................

Thank you, I will read that link. I grew up in the UK and was working up until I left (although not for long). I had two full years before I left and one after returning. I'm now too ancient to be paying in any more   I very much hope I can, it would be a huge help.

The requirement is for 3 years of NI on your record OR 3 consecutive years of residence, not AND.  But that only opens the door to pay any Class of voluntary NI and is almost certainly met for you anyway.

To pay at Class 2 there is an additional requirement to have been ordinarily an employed earner or self-employed earner until immediately before you last left the UK.  My understanding is that the emphasis is on being ordinarily employed until, not simply employed employed until.  Ordinarily is not defined in the law, so takes its dictionary meaning of normally or most of the time.  So, were you employed for most of the time until immediately before you left? Just my thoughts as it is HMRC's decision at the end of the day but it does appear to accord with the various statements they have made on the subject and a straightforward reading of the law.

Keeping the above in mind, I assume your 3 full years on your record before you left the UK were starter credits for the years you turned 16, 17 and 18, or were you actually working those 3 years?  That, I think, will influence whether you can "open the door" to pay at Class 2...


 

ReturnoftheNative

As a follow up, I found someone in the Future Pension Centre who says that when I get my letter regarding the years I can pay and how much, at that point I apply to HMRC to Pay Class 2 rather than Class 3. Because I am past state pension age (but not drawing yet), and because I am back in the UK, this is apparently the right way to do it. The letter will have instructions on the specific steps, so now it's just "hurry up and wait". I hope this info is useful to somebody else, and thank you all for your help.

ReturnoftheNative

pinnks said:

ReturnoftheNative said:

molerat said:

If you were working / self employed / seeking work immediately prior to moving and had 3 years paid contributions and lived in UK for 3 consecutive years then you should be eligible to pay class 2 for periods when working overseas.  Completing a CF83 is the usual way to apply for overseas NI but how that plays out now as we are past the 5th April cut off for submission I don't know.  I believe there is another complication when applying for the  class 2 route when past retirement age.  As to what you should do ........................

Thank you, I will read that link. I grew up in the UK and was working up until I left (although not for long). I had two full years before I left and one after returning. I'm now too ancient to be paying in any more   I very much hope I can, it would be a huge help.

The requirement is for 3 years of NI on your record OR 3 consecutive years of residence, not AND.  But that only opens the door to pay any Class of voluntary NI and is almost certainly met for you anyway.

To pay at Class 2 there is an additional requirement to have been ordinarily an employed earner or self-employed earner until immediately before you last left the UK.  My understanding is that the emphasis is on being ordinarily employed until, not simply employed employed until.  Ordinarily is not defined in the law, so takes its dictionary meaning of normally or most of the time.  So, were you employed for most of the time until immediately before you left? Just my thoughts as it is HMRC's decision at the end of the day but it does appear to accord with the various statements they have made on the subject and a straightforward reading of the law.

Keeping the above in mind, I assume your 3 full years on your record before you left the UK were starter credits for the years you turned 16, 17 and 18, or were you actually working those 3 years?  That, I think, will influence whether you can "open the door" to pay at Class 2...


 

Thank you for the info. From what you say it isn't looking very promising for Class 2 but can't hurt to ask I suppose. Two full years, one before I left and one after I came back were from "ordinary" employment (I had full-time work). The first one before I left might have been "starter" given my age at the time. I have a partial year from before I left too, but that's no help I'm sure. Thank you for taking the time to respond.