Unable to sign off and on for traveling

Ricky6

Hi guys

So basically im a looking to go abroad for a month here to go see the other half of my family in Southern Africa that I have not seen in over five years. I have been in contact with the job center regarding the mater and have been told I would not be able to sign back on for a extended period of time when returning. Has anyone else had the same issue or something related that could help me to figure this out?

Many thanks

Ricky6

Aquamania

https://forums.moneysavingexpert.com/discussion/4970331

missapril75

Perhaps this is about how you phrased your question or they failed to understand you, thinking you were describing living abroad (rather than a holiday) and returning to the UK, so they think it's an habitual residency issue?

Although I vaguely recall some idea that in the future immediate JSA after a holiday abroad might not be automatic.

youngie

maybe they think if you can afford to go to africa you can afford to support yourself

pmlindyloo

Ricky6 wrote: »

Hi guys

So basically im a looking to go abroad for a month here to go see the other half of my family in Southern Africa that I have not seen in over five years. I have been in contact with the job center regarding the mater and have been told I would not be able to sign back on for a extended period of time when returning. Has anyone else had the same issue or something related that could help me to figure this out?

Many thanks

Ricky6

Unfortunately you will fall under the new legislation which says that you have to prove Habitual Residence when you return from South Africa. This means that your application for JSA will not be considered until you have been here for 3 months after returning.

Read about it here:

http://www.turn2us.org.uk/information__resources/benefits/migrants/habitual_residence_test_hrt.aspx

Since you are an EU citizen then you fall under these new regulations.

You can go abroad for a holiday and return to claim JSA if you are only abroad for a short time. What is classified as a short time is something you would need to ask Job Centre Plus. Perhaps then you would need to shorten your stay in South Africa.

Of course you could appeal the decision when you returned but suspect that by the time a decision had been made your 3 months may be up.

PlymouthMaid

Seems almost sensible as I suppose if somebody can go away for a month then they can't be job hunting very seriously in the first place. Not having a go at you in particular OPjust thinking about the logic from 'their' point of view. On the other hand, of course, if you live somewhere with chronic unemployment and have been trying to find a job like a demon for years then I don't blame you for taking the opportunity to go and visit. Maybe make sure that they understand this is a visit/holiday in case it is just a mistake?

missapril75

pmlindyloo wrote: »

You can go abroad for a holiday and return to claim JSA if you are only abroad for a short time. What is classified as a short time is something you would need to ask Job Centre Plus.

The link also includes the following

You may be accepted as habitually resident from your first day if you are returning to the country and you were previously habitually resident

This would appear to include those returning after more than just a short time away.

No doubt there will be some examples in the official circulars about it.

Ricky6

Hey sorry for the long reply time was away from the computer an only had the phone

@missapril75 Yeah I made it very clear I was planing to return from it. I also noticed that whilst reading the links and funny enough they mentioned that on the phone an my argument was that I would be returning to my house I have lived at for years and still got a big No, im beginning to think she didn't know what she was talking about.


@pmlindyloo thanks for the useful links, I think I will have to shorten it as there's no other way around it Just out of curiosity would it matter at all if a dual citizen from South Africa?

@plymouthMaid I understand your view fully and don't want to start a big backlash but yeah that pretty much sums up my situation to a T, But at the end of the day at least im not trying to take the hand out of the system an try an go whilst still getting paid.

missapril75

Ricky6 wrote: »

Just out of curiosity would it matter at all if a dual citizen from South Africa?

If you were actually returning after an extended period away it could be a factor in a habitual residency decision as it means you have the option of living in South Africa.

It would depend how strong links to the UK were. You mentioned returning to your UK home (the same address) and that's a strong link.