UK resident - failed habitual residency test

Dirk6655

Hi there,

I've just been notified by the Job centre that I have failed the above test. I'm a UK resident and have been since I was born. I've only ever had two other periods working outside the UK in my lifetime. Once was for an EU country for three weeks ten years ago and the other was a years working visa on another continent 12 years ago.

My most recent was an EU country where I was registered to pay into their tax system. This period of employment ran for 4 months. Yes, that's it, four months. I was told upon arrival at the JC two weeks ago that I would be required to fulfil this test. I found it odd considering I am resident here, I have a house here (rented) and regularly came back during my four months away.

Any advice on this would be great. I'll be speaking to Cit Advice tomorrow regardless.

xylophone

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/the-habitual-residence-test-an-introduction/what-is-the-habitual-residence-test-EWSNI/

Caz3121

the stuff from 10/12 years ago is not relevant. It will be the most recent absence that will trigger the HRT
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/

TELLIT01

You say you are a UK resident, you do not say that you are a UK National or UK passport holder. Are you a UK national. Your status may have a bearing on the situation.

Dirk6655

Erm, yes to both.

I thought that would be clear from the original post.

TELLIT01

Dirk6655 wrote: »

Erm, yes to both.

I thought that would be clear from the original post.

Erm, no. To the best of my knowledge there is no automatic entitlement to UK passport or to be classed as a UK national simply due to being born in the UK. You could have been born to foreign nationals living in the UK at the time. It was the fact that you didn't state that you were a UK National which raised the question.
If you are looking for help it's probably better simply to answer questions rather than coming across as a smart ****.

Dirk6655

I did twice, again.

I pointed out I'm a UK resident and have been since my birth. That makes me British. I've just come back from the EU which would mean I have to hold a relevant passport. So yes again, I'm a British national.

If you don't have anything but snide comments and stupid questions then please go elsewhere your help isn't required thankyou.

tomtom256

Being a UK resident and a UK National are two completely different things.


As for coming back from the EU, any EU passport would be a relevant passport to enter the country.


As you have been working out of the country for over 3 months then you fall foul to the HRT.

meer53

Wow, you're rude !

I pointed out I'm a UK resident and have been since my birth. That makes me British. I've just come back from the EU which would mean I have to hold a relevant passport.

Being resident in the UK doesn't make you British. You can hold any passport and come back from the EU.

If you are asking for advice, i suggest you change your attitude or people will ignore you.

tboo

Dirk6655 wrote: »

I did twice, again.

I pointed out I'm a UK resident and have been since my birth. That makes me British. I've just come back from the EU which would mean I have to hold a relevant passport. So yes again, I'm a British national.

If you don't have anything but snide comments and stupid questions then please go elsewhere your help isn't required thankyou.

If you want to be snidey with the very people who will be able to answer your question then go ahead as you won't get far

google is your friend

Alice_Holt

"If you're a British citizen you have an automatic right to reside in the UK, as well as in Ireland, Isle of Man and Channel Islands. This is known as the common travel area and you will also be considered to be habitually resident in the UK if you've been living in any of these places.

However, if you've recently returned to the UK after a period living outside of the common travel area, you may have to show that you satisfy the habitual residence test in order to claim certain means-tested benefits. You should not be subject to the test if you've simply been abroad on a long holiday. In these cases you should be treated as a 'returning resident'. However, if you've spent three months or more living or working abroad you could find yourself subject to the test when you return to the UK, particularly if you no longer have property or close family in the UK.

The HRT looks at what ties you already have in the UK and what you are doing to make the UK the centre of your life. The Department for Work and Pensions (DWP) or other benefit agencies will also want to know how much you have cut ties with the country where you were living before. You will be asked a series of questions tailored to your individual circumstances to try and find out this information. You should be ready to give as much evidence and documentation as you can if you are asked these type of questions.

The DWP, your local authority or HMRC will decide at what point you can be viewed as habitually resident, depending on how long you have been away, why you were abroad, and what ties you kept with the UK during this time.

Rules that came into force on 1 January 2014 mean that, if you're claiming income-based jobseeker's allowance and do need to show that you are habitually resident, you cannot be viewed as habitually resident until you've been living in the UK or elsewhere in the common travel area for at least three months. This means that if you claim income-based jobseeker's allowance immediately on your return to the UK from outside this area you won't receive this benefit for at least three months."
Source: Taken from the Citizens Advice guide linked to in posts 2 & 3.

I would suggest this attitude:
"If you don't have anything but snide comments and stupid questions then please go elsewhere your help isn't required"
- may not help you in any dealings with the DWP.

Which benefits are you trying to claim?
Can you support yourself for 3 months?
Are you always so unpleasant to people trying to assist you?