Habitual Residence Test? I am English!

Nixer

From callow's link: In cases where the child was born before 2006 the father can only pass on his British citizenship to the child if he was married to the mother at some point.

OP doesn't say whether the parents were married or not nor whether the mother was a British citizen so there's not enough info to assert that the OP is a British citizen.

NickyBat

Is this another game from them and where do I complain?[/QUOTE]

Game!!!!!!!!!!!!!!!!!!!!!!!!!!
trust me we don't have time to play games, just fill it in and be done with it..........................or don't claim!!

amy_lou_4

I had to fill in a Habitual Residence form in July 2009 despite being a UK citizen, because I told the DWP in my initial phone call about JSA that I had been in France for a year on my compulsory year abroad from university! It was annoying to fill in but I answered some of the questions a bit tongue-in-cheek (I think in one of the boxes I ended up writing "Because I am British!!") and it went through quickly. At least you are receiving JSA from the date of your initial call rather than from the date you finish faffing about with your claim!
Interestingly I had to sign on again 3 weeks ago (finishing on Tues thank goodness) and mentioned that I had been working in France for a British company from Feb til Oct 2010 and I haven't had to fill in a HRT for this claim (forgot to mention the year abroad this time)

PasturesNew

My Welsh (so sort of English) friend was born here, family are here, educated here... he went to work in Aus for one year, returned to his mother's house and he had to go through the test.

Same thing happened to my entirely English friend who worked in Switzerland as part of his 4-year degree.

So don't think they're singling you out because you're a bit furren.

telboyo

Not to do with benefits but the NHS. My wife is originally from Germany but has lived here with me for 25 years as a married couple, but she uses a double barrelled name ie her maiden name- my surname. To some people this sounds a bit "foreign".
Well we moved to a new area and my wife had been having an awful lot of Hospital treatment through our new GP, involvng 3 different hospital trusts and approx 6-7 CT scans and every other test you can imagine. One day she was at the hospital the receptionist siad "That's an unusual name" Wife replied "oh I am from Germany"

A few days later she received a summons to present her self at the " foreign desk" of the local NHS trust tp prove she was entitled to NHS treatmennt.

How exactly do you do this if you are an EU national that has married an English man?

No need for permission to live here
No central or local residency lists or national ID cards like they have in France Germany
No requirement to register.

My wife has worked here for 20 years and been to three universities and is now a teacher of english but she has no way of proving official residency status.

She was worried about this meeting as she had been under medical investigation for 18 months and did not want to have stop receiving treatment. (The letter threatened her with a repayment request- I doubt we could afford that)

She went to see this person with loads of tax paperwork p60s etc degrees mortgage agreements and bank statements to explain the situation. As soon as my wife opened her mouth and spoke in her "radio 4 " accent the women said "must have been a mistake"

My wife did not get to tell any of her story.

I think they send these "fob of foreigner" just to show that they are doing something.

FBaby

telboyo wrote: »

My wife has worked here for 20 years and been to three universities and is now a teacher of english but she has no way of proving official residency status.

The hospital did the right thing. They have an obligation to make sure that patients are entitled to NHS treatment. Nothing wrong with that. Proof is straight forward, council tax bill, electoral registration, electricity bill for past 6 months etc... Everyone who really is a resident of England should find it very little trouble to prove.

von

To OP, I assume that you do not have a British Passport so all they are trying to do is to check if you have the right to reside in the UK and have recourse to public funds. From what you have said you won't have a problem with your claim. I'm sure that folks are happy to see that a check is being done to ensure that benefit is paid to people who are entitled to it rather than to all and sundry.

von

Ho OP, have just read your original post again and you say you have a US Passport so as I said that's why they're checking.

telboyo

FBaby wrote: »

The hospital did the right thing. They have an obligation to make sure that patients are entitled to NHS treatment. Nothing wrong with that. Proof is straight forward, council tax bill, electoral registration, electricity bill for past 6 months etc... Everyone who really is a resident of England should find it very little trouble to prove.

1 CT bill is in my name
2 Electoral reg Surely they can look that up them selves We don't get anything until the elections come around At this time we were living at our work house so were not registered- really annoys experian if you reg at 2 places at once- oh yeah really illegal as well.
of course she is a JF so cannot vote in Parliamentary elections
3 Electricity bill - do they still issue them as paper?

November5th

von wrote: »

Ho OP, have just read your original post again and you say you have a US Passport so as I said that's why they're checking.

Oh it's cool, but that they can't access the system recording twenty years of NI and tax contributions is a little poor. As an update I now have legal aid advisors helping as what they have done is not correct by their own rules. Writing down on my form that I had two weeks holiday in Cuba in the year 2000 has got them in a pickle; they should never have done it.