UK resident - failed habitual residency test

TELLIT01

Alice_Holt wrote: »

"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.

That is precisely what we have been trying to determine. Not until #7 did the OP state that they are a British National and even then, their basis for claiming British nationality was flawed. As you have said later in your reply, if the approach DWP with that attitude they are not going to get an easy ride. It is up to the claimant to prove eligibility to benefits.

Dirk6655

Hi there,

1. JSA.
2. Yes, thankfully.
3. If a complete stranger called you a smart **** how would you react?

To clarify, I was born in the UK to British parents. I've lived here my whole life bar one year on a working visa 12 years ago. My contracts were temporary in the EU country. I can prove I always intended to come home. I'm a council tenant and this was the basis for allowing me time to spend away from the property. This EU country was in the Schengen area. My life is basically in the UK. I have a house, I'm registered with a dentist, doctors and pay pills on my house monthly. I have various memberships including Gym membership.

I have what I need to get on with anyway, I don't see how I've failed the test. I can prove my existence is here. My guess is I didn't provide enough documents to support this and they through me under the bus. It's the Tories so nothing surprises me anymore.

Thanks anyway.

sheramber

This EU country was in the Schengen area.

You do realise the UK is not in the Schengen area.

parkrunner

TELLIT01 wrote: »

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 wrote: »

Erm, yes to both.

I thought that would be clear from the original post.

Not at all clear.

parkrunner

Dirk6655 wrote: »

Hi there,

1. JSA.
2. Yes, thankfully.
3. If a complete stranger called you a smart **** how would you react?

You clearly have a problem with the English language as nobody has called you a smart **** or anything close.

Ames

I have to say I read the OP and thought they were saying they aren't a UK citizen.

As others have said, it's relevant to answering the question, not nit picking.

tacpot12

Have a read about how to challenge the decision on the following page:

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/if-you-fail-the-habitual-residence-test/what-to-do-if-you-fail-the-habitual-residence-test/

TELLIT01

Dirk6655 wrote: »

Hi there,

To clarify, I was born in the UK to British parents. I've lived here my whole life bar one year on a working visa 12 years ago. My contracts were temporary in the EU country. I can prove I always intended to come home. I'm a council tenant and this was the basis for allowing me time to spend away from the property. This EU country was in the Schengen area. My life is basically in the UK. I have a house, I'm registered with a dentist, doctors and pay pills on my house monthly. I have various memberships including Gym membership.

I have what I need to get on with anyway, I don't see how I've failed the test. I can prove my existence is here. My guess is I didn't provide enough documents to support this
Thanks anyway.

Based on the information finally provided above, it would seem that the decision is wrong. You need to request a reconsideration of that decision. It's possible that you ticked a wrong box somewhere, or that information you provided has been misinterpreted. Either way, nothing will change unless you challenge the original decision.

OhWow

Dirk6655 wrote: »

To clarify, I was born in the UK to British parents.

People can't give out the correct advice unless you give all the information and what they were looking for was to see if you are a British citizen.

There are 6 types of British nationalities and not all allow these passport holders to live and work in the UK. Their child born in the UK, is not a British citizen.
https://www.gov.uk/types-of-british-nationality

Being born in the UK and giving that child British citizenship, ended in 1983, unless a parent is an Irish citizen, a British citizen, have a valid Indefinate Leave to Remain visa or a valid PR (EU rules)..



It might have seen like a strange question to you, but once you start to learn all this, you can see why the correct information was needed. They are only trying to help you.









.

OhWow

Dirk6655 wrote: »

It's the Tories so nothing surprises me anymore.

I assume the HRT was one of the measures the UK announced would be brought in?

"On 19 January 2014, Iain Duncan Smith and Theresa May told the Daily Mail that Britain’s generous welfare system should no longer be a ‘magnet’ for citizens of other EU states and that they would be introducing a number of ... "
https://www.freemovement.org.uk/removal-entitlement-housing-benefit-eea-jobseekers/