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UC & Habitual Residency Test Fail?

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Hi,

 

I moved to the UK in 2003 as my family are here. Mums british, dad's Dutch and I ended up with Dutch nationality.

 

I've worked, lived and paid tax, council tax etc... all the years with the od dperiods of unemployment so have been on JSA and Housing Benefits.

 

I applied for UC as I recently lost a job due to my driving license being revoked for 2 years.

 

After signing up, I was accepted and initially began to receive UC.

 

6 months down the line, another Habitual Residency test pops up and fails me. The initial was in February, the later in August.

 

The initial HRT letter reads as follows:

 

Dear ....

 

We're writing to tell you that you have passed the right to reside and habitual residence test. You have qualified as a person defined as an EEA national in the United Kingdom who is a worker. This will be reviewed if there is a change in your circumstances.

 

There should be no reason the latter popped up. SInce 2003, I haven't left the country once (not even on holiday). Between the initial HRT and the one that failed, nothing changed in my status at all.

 

The failed HRT letter reads:

 

Dear xyz

 

We're writing to tell you that unfortunately you're not entitled to Universal Credit. This is because we have decided that for Universal Credit purposes only, you do not have a right to reside and are consequently not habitually resident in the UK. This is because you are not a qualified person as defined in Immigration (EEA) Regulations 2016.

 

 

A qualified person is defined as a worker, self employed person, a jobseeker or a self sufficient person or self sufficient student. (Self sufficient means you must have resources in excess of the maximum allowable to a person claiming income related benefits and have fully comprehensive sickness insurance).

 

 

You have not provided any evidence, such as a Family residence or Family member permit issued by the Home Office and therefore, you cannot derive a right to reside from a family member.

 

A person can gain a permanent right of residence where they have resided in the United Kingdom in accordance with the 2016 Regulations for a continuous period of 5 years.

 

Therefore there is insufficient evidence to grant you a permanent right of residence for Universal Credit purposes.

 

A person who does not have a right to reside in the UK has to be treated as a person from abroad.

The law does not permit Universal Credit to be awarded to anyone who is a person from abroad.

 

I dont see where I've failed as:

 

1) The family is has been here longer than I have, mums british too..

2) I've been here for 13+ years uninterrupted

 

On that note, I've gone through the mandatory reconsideration, but the manager who processed it told me that its likely it'll fail.

 

I've supplied them with:

 

1) Copies of my parents passports

2) Birth papers

3) 10 years of doctors appointsments )from the surgery, to prove I was ehre

4) 10 years of bank statements as proof I've been here

5) 10 years of council tax bills and statements of payments

 

Failing that I have no idea what to do. I"m falling behind on rent, the Job Centre just wont entertain helping at all.

 

I'm avoiding speaking to the Dutch embassy unless I really have to, but any pointers will be handy.

 

*edit* as a matter of interest, the homeoffice have told me I can et a british passport, but I dont see why I need to give up my nationality for this?

Also does the permanent residency card help at all or is this just another useless form of ID?

 

Cheers,

 

Ade

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HRT is quite complicated and you really need to discuss this with someone who deals with it on a daly basis. On Moneysavingsexpert benefits forum there is a lady from a rights organisation that has the knowledge that might be able to help you. They deal with people in your situation almost every day.

 

Your orginal decision was based on your being an EEA national who had a working history. From what I understand, if you are then out of work for 6 months, so need to continue to claim UC, they then find you ineligible. What you need to find, is someone who knows the legislation and rules very well.


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I'll take a look into that.

 

Although I claimed at the end of january, I was self-sufficient until 1st may. I paid for everything myself, so was only awarded UC as from then.

 

 

Thanks for the heads up, I'll take a look on there..

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Just an update. CAB have referred my case to University if Kent (legal clinic) as apparently this is on the increase and they’re building up a case against the DWP.

 

I’m the meantime I’ve been keeping diaries of everything and keeping notes on the waywardness of the DWP.

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This happened to me,

they also claimed i didnt have right to reside even though lived in uk for 21 years from age of 5.

they took 5/6 months messing me about.

 

in the end i applied for perm residence which was back dated to 2002 and applied for citizenship straight after.

Have gained britsh citizenship.

 

But am £20,000 in debt because i was not given universal credit and was unable put my daughter in nursery without help therefore unable to work.

 

The DWP are breaking the law and litrally taking the **** out of people, I am still debating whether or not to go to press with my story as I feel its happening to a number of people.

Edited by dx100uk
spelling grammar

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I think you have fallen foul of the Genuine Prospect of Work rule which kicks in after six months for EEA claimants and have been sent the wrong letter.

 

I would raise a recon and see what happens explaining about family being here etc.

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