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Habitatul residency test
Comments
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Have you really talked to your wife about this, if she refuses to claim ESA and provide you with a bit of peace of mind how does she expect you both to live? Does she even think about how it's affecting you?
I think most if not all councils have an obligation to do assessments when there is a person claiming carers allowance in the household - have you made sure you have had this assessment?Master Apothecary Faranell replied, “I assure you, overseer, the Royal Apothecary Society dearly wishes to make up for the tragic misguidance which ended so many lives. We will cause you no trouble. We seek only to continue our research in peace".0 -
Hi Diary,
She really isn't doing this to cause upset...0 -
I think you are missing the point ohwow
You are quoting EU rules which are correct but under spousal (married to a British citizen) I am at the 3 yr line (together before the law changed In 2012) that states I have right to residency as a spouse and I am now entitled to indefinate leave to remain! (I am not on the perminent residency route for EEA citizens).
You are getting muddled. You cannot mix UK immigration rules and EU treaty rights of free movement rules. I explained above that the 3 year rule is UK immigration laws. ILR is a UK immigration laws and nothing to do with EU rules. PR is EU rules. Don't mix the two. You cannot use you being married to a Brit, to claim PR.
Besides, since July 2012, those on a spouse visa (UK rules) now have to wait 5 years to ILR (UK rules) not 3. And that 2012 date you spoke about, was for UK rules spouse visas, applied for before July 2012, and nothing to do with getting "together" before that date. Not that any of this matters for you as you are trying to use EU laws to be in the UK.Citizens advice informed them, I became unemployed through no fault of my own (the government care services were unable to find an adequate carer for my wife so I had no choice but to take over).
Sorry to be blunt but there is no "taking care of my wife, qualified person' either. I'm not even sure how you are able to take Carers AllowanceI also am still seeking work and work 8 hours a week for another company,
You really need to read up on free movement rules.
You didn't answer whether you had a CSI during all the time you said you were a self sufficient qualified person. If you didn't then you were not a self sufficient qualified person, had no right to reside in the UK and that time can't count towards PR anywayCitizens advice are arguing the disability rule and the fact that I have been put at an unfair advantage.
The only disability rule I have heard about is if it is the EEA citizen who becomes too ill to work. Although that was a European Court ruling and may not fly with Brexit. I hope the CAB find something for you to enable you to stay in the UKI go from £600 to £61 a week and they are now wanting my wokers status alongside everything else I have lost.
They don't want worker status, they were just stating that to show that you have not retained worker status either, as you are not being a qualifed person. They were showing why you had failed the HRT. Which was because you do not have a "right to reside" (no right to be) in the UK.
It's obvious that you have not read up on free movement and you really should have done that before you moved to another EEA country and kept up with all the changes.0 -
maybe I am not explaining this right... I am a dual citizen Italian/American.0
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Sorry about forgetting to answer your question again yes I had full health insurance and although I have a GP I still hold private health care to this day.0
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Thanks for the very detailed breakdown of the situation OhWow. Even when I worked on benefit processing I was glad to be able to hand over HRT decisions to specialist Decision Makers.
The UK has an easy to read, up to date guideance for the UKVI staff on what a "qualified person" is, especially as so many are now trying for citizenship since the Brexit vote. I'm sure you would have been able to work it out from that.:D0 -
Ohwow maybe I am not explaining this right... I am a dual citizen Italian/American.
I can see what you are trying to say. However, you chose to get Italain citizenship to enter the UK under EU rules, which meant you avoided the UK immigration rules of having to pay for a Visa. Therefore it is that EU path you chose, that you stay on.The spousal/partner visa for people who are together before July 2012 applies to me (we have been together since 2010).
No, the UK immigration rules for the spouse visa is not just for those who were "together" before 2012. As I have already said, it is nothing to do when when you got together. I don't know where you have got that idea from.
What happened in 2012 was for UK visas. You are not on a UK visa as you chose the EU path to enter the UK.
For UK visas,
For all applications after that date to enter the UK on a family visa -
they required a higher financial sponsorship requirement:
the 3 years to ILR was changed to 5 years and now over 2 visas:
ILE was removed (ILE was if they had been married for 4(?) years outside the UK).
It doesn't matter when they "got together" or even if they had been married for 50 years, because for UK family visa applications to enter the UK from that date, the rules changed.I can go down the indefinate leave to remain route,
UK immigrtaion rules. You would need to have been on UK visas for ILRI didn't need a spousal visa because I am a dual national and have the right to be here under those terms.
You chose the EU route to the UK.I am not the one mixing the two together it's the Job centre that is!
They are correct. You chose the EU rules to be in the the UK.They are applying the HRT test after they have been told by citizens advice and my immigration Lawyer that I am in two circumstances due to dual nationality and the American side married to a British citizen who is disabled bypasseses ILR terms on income grounds (18,600).
UK immigration rules.On the terms for the spousal visa if you are a couple/married in an established relationship prior to July 2012 the 3yr route applies.
UK immigration rules, Explained above.The only time these two laws are crossing is under my reason for no Visa previous to application for ILR (EU Citizen)
There is no crossing. Those in the UK under EU rules cannot have ILR, ILR is for those on a UK visa.(which JC are classing to be the same as perminant residency and applying HRT)
They are not applying PR as you don't have PR. They are applying EU rules of being a qualified person at all time because you are in the UK under the EU rules.and under applications for ILR for spouses of disabled British citizens grants you the right to reside.
This is wrong in so many ways.
'Right to reside' is EU rules. The path you are on. You have right to reside if you are a qualified person at all times.
EU citizens cannot have ILR as that is for those who have been on a UK visa for 5 years. EU citizens try for PR.
Being a disabled Brit does not mean their non-EU spouse is given ILR. They get a visa, not ILR, but the financail requirement for that visa is reduced if the Brit is on PIP. Their non-EU citizen spouse still needs 5 years on a visa for ILR.I don't want the EU Law to apply to me
That's the path you chose to enter the UK and are the rules that apply to you.but the fact still remains even under that I am still legal.. I finished work 2 weeks ago and have been actively seeking alternate work which grants me 6 months of workers status (you don't need to be claim JSA for this you just need to state in your application to income support that you are seeking work and provide evidence of it)...
How can you claim income support or carers allowance when you must be a qualifed person at all times to have a right to reside in the UK under EU rules?
Being a jobseeker is showing proof of your jobseeking. But it appears from what you told the benefits agency, that you are not jobseeking as you are caring for your wife, claiming CA and trying to claim IS too.I have also worked in my other job for 2 years (8hrs per week) and as it is a legitimate job that the govermant expects you to be paid for it also can apply the right of "Worker status"
They have 2 years of p60's for this job also.
That depends on how much you earned each week as you must meet the MET (Minimum Earning Threshhold) to be a worker qualified person in the UK.0 -
Hi Diary,
She really isn't doing this to cause upset...
I'm very sure she isn't doing it to cause herself any upset- that comes across very clearly.Master Apothecary Faranell replied, “I assure you, overseer, the Royal Apothecary Society dearly wishes to make up for the tragic misguidance which ended so many lives. We will cause you no trouble. We seek only to continue our research in peace".0 -
Great, then fly to the US and apply for a spousal visa.maybe I am not explaining this right... I am a dual citizen Italian/American.
A little caveat. It's expensive, there are income requirements, and no access to public funds.
Which is why I supposed you decided to go the EU route.0 -
OhWow is right.
There are very limited exceptions to the habitual residency test.
I can only think of those with Refugee Status & others with exceptional or discretionary leave to remain such as Gurkhas who eg don't have to wait 3 months before claiming JSA, HB etc and that was hard fought for (Reg 85A JSA Regs (4)(h)).Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.0
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