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E S A on habitual residence test and right to reside

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i made a claim of esa benefit on november 2009 becuase i have had an injury at work on my back .i was throuth agency so was not entitel to company sick pay , iam dutch national and was in uk since 2003 .


I did recieve a decision saying that i did not pass hrt and rtr ,

any one knows any idea why after 7 years am still not habitualy resident .


help me please to understand.:-|

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Hiya Olad,


Welcome to CAG


I have given you you're own thread as it is easier to follow if everything is in the one place.



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I found this info:


Right to Reside


EEA18 (Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Malta, Netherlands, Portugal, Ireland, Spain, Sweden UK, Iceland, Norway and Liechenstein) and Swiss nationals have the right of residence if they are working in the UK or if they are able to support themselves and their family in the UK without the help of public funds.


Not sure why you would have been found not to be habitually resident as you have been living and working here for 7 years.




You are exempt from the habitual residence and right to reside tests if you are-

an EEA national who is in "genuine and effective employment" or

an EEA national who has been in genuine and efective employment but are temporarily unable to work due to illness or accident or

an EEA national who has been in genuine and effective employment but are now involuntarily unemployed and are signing on with Jobcentre Plus or have started vocational training or

a family member of one of the above or

an EEA national who has acquired a right of permanent residence. This applies to people and their families who have reached the age or entitlement to a state pension or has taken early retirement or has stopped working due to a permanent incapacity to work


Hope this info helps. Are you not able to claim for Contribution based ESA as this does not seem to be reliant on the RTR and HRT.

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Did you provide all documentation requested for example workers registration card and certificates for all employment held since coming to the UK, if not this may be why you were turned down. You can appeal the decision but bear in mind you will need to support your appeal with evidence of being either employed or a job seeker

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