Returned after Travelling- for 11 months- Habitual Residence Test for JSA?

banana

Calling them doesn't seem to work I'm afraid. But never say never is my motto. I would leave it for as long as possible then call the processing office to see if there is any progress. Good luck

tahariel

I'd say good luck! I am in the same situation, worked away for ten months and came back a month ago. Despite me filling out the forms I am still waiting. I presume they haven't yet decided if I am British!!! I have called and visited a few times and each time they say it will be regarded as urgent, but I still am waiting. They won't even tell me what's holding up my claim.

Vouchers_2

Tahariel, Sorry to hear that. The guy in the job centre told me it can take anywhere between 1 week to 6 weeks.
My main concern is not the time taken but will i be classified as "Habitual Residence" in the uk. Its not clearley defined and this is what worry's me.

Kate78

Vouchers, based upon what you have said here it should be straightforward that you are habitually resident in the UK.

Obviously it is up to the Job Centre to make the final decision but I am assuming that:

1. You were born and educated in the UK.

2. Apart from your travelling and holidays you have always lived/worked/studied in the UK

3. Your family live here.

If the answers to these are yes then please stop worrying. The Habitual Residence Test is more concerned with people who live between two countries and deciding which should be considered as their country of domicile, so that they can sort out tax and benefits issues accordingly.

In cases such as yours (and mine - I worked in France for nine months and then came home and signed on) it is a sledgehammer to crack a nut, but that is the system.

Vouchers_2

Its been 3 weeks so far and have'nt heard anything as yet. Will keep you updated.

B.E.N

tahariel wrote: »

I'd say good luck! I am in the same situation, worked away for ten months and came back a month ago. Despite me filling out the forms I am still waiting. I presume they haven't yet decided if I am British!!!

Ah, now see there's the problem, the Habitual Residence Test isn't about 'being British' it's about "Habitual Residence"...

E.g. Person A was born in Britain (British Citizen), he has, however, spent the last 30 years in Spain, has property and family over there - it is his "centre of interest". Probably would be found NOT habitually resident and thus fail the HRT.

Person B, born in Spain (Spanish Citizen), but lived in UK for last 30 years, has family and social connections here, has also worked here for last 20 years - his "centre of interest" is clearly the UK. Probably would be found to be Habitually Resident and would thus pass the HRT.

(In the above cases, I say "probably" because in each case, it would be up to the individual Decision Maker to decide and very few cases are 'straightforward').

Vouchers_2

I recieved a letter yesterday stating that i am eligible for JSA. The whole process was faster than expected ( around 22 days). I take it that i have passed the HRT test or do i recieve a letter saying i have passed HRT ?

Savvy_Sue

You wouldn't be getting JSA if you hadn't ...

Kate78

Vouchers wrote: »

I recieved a letter yesterday stating that i am eligible for JSA. The whole process was faster than expected ( around 22 days). I take it that i have passed the HRT test or do i recieve a letter saying i have passed HRT ?

Oh for goodness sake, give it a rest worrying already!

Everyone's given you sound advice on here, you've got your JSA, what more do you want, blood???

:rotfl::rotfl::rotfl::rotfl::rotfl:

As Sue said they wouldn't be giving you JSA if you hadn't passed it, probably you won't get a certificate saying you passed the test (more bureaucracy and expense for the taxpayer).

Vouchers_2

Kate78 wrote: »

Oh for goodness sake, give it a rest worrying already!
.

I hear ya kate lol.....:beer::beer::beer:

Thanks to all who helped.