HRT fail

Daniel_Mizrachi

It should be your responsibility to make yourself aware of rules regarding residency and claiming from the 'public purse'

I did. That's way I asked since when is this rule. When I did my research before I came, I didn't see it anywhere.
Also, again, I spent so much time in the JCP and on the phone with them, and nobody mentioned this.

Did you come with enough funds to support yourself until you got a job or were you expecting benefits from day 1?

I expect only death and taxes I was hoping to get some (not from day 1) and I was informed by people in JCP and people that lived in the UK that it should be ok.

pmlindyloo

The habitual residence test has been part of the criteria for claiming JSA since 1996.

You had to prove that you were habitually resident by showing that you intended to stay in the UK by producing certain evidence like a tenancy agreement, a bank account etc etc.

Some people were allowed to claim JSA after a relatively short time and others had to wait months. In January 2014 the rules changed and no EU citizen could claim until they had been here for 3 months. You were obviously in an area that did not allow anyone to claim JSA until they could prove they were habitually resident.

https://www.freemovement.org.uk/new-habitual-residence-test-and-the-impact-on-returning-uk-nationals/

Daniel_Mizrachi

That's the thing, I applied in December 2013.
When the rule came into effect did it cancel any application made before?

Housing_Benefit_Officer

You did not fail because of the 3 month rule. As the 3 month rule didn't exist until July 2014. You probably failed because they just considered you were not habitually resident and did not intend to settle. Do you have your letter rejecting your claim. What exactly did it say?

missapril75

Daniel_Mizrachi wrote: »

That's the thing, I applied in December 2013.
When the rule came into effect did it cancel any application made before?

That the 3 month rule came in after your arrival/application doesn't mean that previously everyone satisfied conditions from day one.

Under previous rules it was quite typical for staff to apply "a qualifying period". They were wrong to do so but it doesn't follow that no period or a short period was appropriate either. Officially there was reference to "an appreciable period" and that could vary.

You said you had the intention to stay but that's not enough in itself. You would have needed something to back that up when you made your application.

You got off to a good start by arriving in November and not applying until December - unless that was something like arriving on the 29th and applying on the 2nd.;)
Applying "too soon" after arrival never looks good. It would not be the "appreciable period" mentioned. But one person's "too soon" might be different according to another person, let alone different circumstances case by case.

Did you have anything to support your intention, such as rented accommodation; had you opened a UK bank account; if not a job lined up, a real chance of getting one? Getting one 4 months later won't work retrospectively.

Not sure why you think someone should have told you on subsequent job centre visits. The decision was made and no doubt notified.

Many people attend job centres with no benefits involved. It's a job finding resource, not just a benefits office.

thorsoak

So Daniel - are you working now? How long have you been working, and what are your career prospects here?

Daniel_Mizrachi

You did not fail because of the 3 month rule. As the 3 month rule didn't exist until July 2014. You probably failed because they just considered you were not habitually resident and did not intend to settle. Do you have your letter rejecting your claim. What exactly did it say?

Just say it was rejected.

You got off to a good start by arriving in November and not applying until December - unless that was something like arriving on the 29th and applying on the 2nd.

I arrived something like 5/11/13 and applied something like 20/12/13.

Did you have anything to support your intention, such as rented accommodation; had you opened a UK bank account; if not a job lined up, a real chance of getting one? Getting one 4 months later won't work retrospectively.

That's what I did at that time.
I found a room, opened a bank account (transfered money from my old country to that), started looking for job/volunteer and created a CV.
Also, I have family here.

So Daniel - are you working now? How long have you been working, and what are your career prospects here?

I actually just left my job, about a year and a half.
I think the prospect is good


Thanks again for the help.
Very informative.

missapril75

Daniel_Mizrachi wrote: »

I arrived something like 5/11/13 and applied something like 20/12/13.
I found a room, opened a bank account (transfered money from my old country to that), started looking for job/volunteer and created a CV.
Also, I have family here.

As stated by others, it's all a bit too late now, but that would have given you a fair chance with a bit more positive information - all belongings brought with you, lease in old country ended, one way ticket that sort of stuff. Some would have said "yes" on the basis of accommodation being sorted, family and the bank account. The UK could be said to have been "a centre of interest" for you.

Others may have said "no" considering a "room" to be only temporary and the CV/job seeking could have started before arriving.

Until the three month rule came in, things could go one way or the other in similar circumstances but better chances with the longer gap you mentioned.

Daniel_Mizrachi

Why is too late?

lease in old country ended

Check.

one way ticket

Check.

Also, cancelled all my health services in my old country and got a GP here in that time,
And cancelled all my national insurance rights in the old country and got a NINo here in that time.

dippy3103

It's too late as to appeal a decision you need to do so within 13 months- that time has now passed.,