Eu national universal credit rejected

David_Brent

i was wondering if anyone can help me, my wife has been living in the UK for over four years -she has been in employment paying taxes national insurance etc for 3 of those years in full-time employment.
my wife is a Spanish national.

She lost her job in August this year.

My wife and I made a joint application for Universal Credit .

I am in full-time employment.


We today got a generic printed letter from universal credit saying the following
;
Quote
We're writing to tell you that unfortunately you're not entitled to Universal Credit.
This is because we have decided that for Universal Credit purposes only, you do
not have a right to reside and are consequently not habitually resident in the UK.
This is because you are not a qualified person as defined in Immigration (EEA)
Regulations 2016.
A qualified person is defined as a worker, self employed person, a jobseeker or a
self sufficient person or self sufficient student. (Self sufficient means you must have
resources in excess of the maximum allowable to a person claiming income related
benefits and have fully comprehensive sickness insurance).
There is no evidence to indicate that your husband, who is a British national, has
exercised their treaty rights so there are no rights to derive.
A person can gain a permanent right of residence where they have resided in the
United Kingdom as a qualified person in accordance with the 2016 Regulations for
a continuous period of 5 years. This does not apply in your case as you have only
resided here since 2/10/2014.
Therefore there is insufficient evidence to grant you a permanent right of residence
for Universal Credit purposes.

A person who does not have a right to reside in the UK has to be treated as a
person from abroad.

; quote

this does not sound right to me at all my wife is married to me we have two young kids and have bills etc we need to cover, I was born here she wasn't but she has been living here working here paying taxes.


any advise is appreciated as this seems wholly unfair to me and her just because she is from the EU but has been contributing to this country for many many years.

What are our next steps in relation to this as I cant believe this is correct in any way shape or form.

tomtom256

Do what it states on the notification, as for a reconsideration and present the evidence.


From this I would say that they have not received or have ignored some of the evidence you have submitted.


From recollection, she should have probably been fast tracked as an EEA worker or partner of an EEA worker/british citizen, sorry can't remember the exact wording.

Alice_Holt

Did she claim JSa (Contribution-based) after redundancy?
This would mean she retains worker status for UC

Are your children in school (primary or secondary)?
If so she would derive a right to reside (and hence UC) from being the principal carer of a child in education.

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-claiming-benefits-as-a-former-worker/

As this is complicated - I would suggest your wife visits her local CAB

Can she claim New Style JSa (NI Contribution-based) ?
https://www.gov.uk/guidance/new-style-jobseekers-allowance
https://www.entitledto.co.uk/help/jobseekers-allowance

David_Brent

thanks for your replies.

Our kids are 1 & 2 years old not yet at school.

My wife has never claimed any benefits prior to this UC claim. Though she did get maternity pay support.

My wife provided them information about all her employment and payslips etc...We will contest the decision but this will again delay things at least another month and we have to pay rent etc in 2 weeks (the date in which our UC was due to be paid to us). I cant believe this can occur its truly awful.

David_Brent

tomtom256 wrote: »

Do what it states on the notification, as for a reconsideration and present the evidence.


From this I would say that they have not received or have ignored some of the evidence you have submitted.


From recollection, she should have probably been fast tracked as an EEA worker or partner of an EEA worker/british citizen, sorry can't remember the exact wording.

We provided all evidence asked for for this so this is why I'm puzzled.

Below you say we should be fast tracked do you mean the UC claim fast tracked?

Thanks

Alice_Holt

The UC right to reside and habitual residence tests for EEA citizens are very specific.
Largely it depends on having (or retaining) worker status.
Being the wife of a British Citizen will not give UC right to reside and habitual residence.

Is your wife intending to return to work?

For permanent right to reside she needs 5 years continuous working or job-seeking.

More info here - go through this UC right to reside and habitual residence tests to see if your wife can qualify:
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/

It may come down to rejoining the workplace to gain worker status.

tomtom256

David_Brent wrote: »

We provided all evidence asked for for this so this is why I'm puzzled.

Below you say we should be fast tracked do you mean the UC claim fast tracked?

Thanks

No sorry, the person who did the HRT, should have done the prove you can apply check first and normally in this type of situation it should say fast track HRT, meaning a full HRT is not required.


I think it can only be accessed on the DWP internal network.

David_Brent

Thanks again for your replies

I don't understand why this is required when my wife has been:


are working or self-employed in the UK over three years

My wife is a former worker has evidence provided payslips

My wife is the primary carer of children who themselves has the right to reside,

My wife is a family member of someone with the right to reside.

Due to these reasons I make no sense of them trying to reject this claim??? What am I missing.

David_Brent

tomtom256 wrote: »

No sorry, the person who did the HRT, should have done the prove you can apply check first and normally in this type of situation it should say fast track HRT, meaning a full HRT is not required.


I think it can only be accessed on the DWP internal network.

What would you suggest our next step is with UC based upon what you say?

David_Brent

Alice_Holt wrote: »

The UC right to reside and habitual residence tests for EEA citizens are very specific.
Largely it depends on having (or retaining) worker status.
Being the wife of a British Citizen will not give UC right to reside and habitual residence.

Is your wife intending to return to work?

For permanent right to reside she needs 5 years continuous working or job-seeking.

More info here - go through this UC right to reside and habitual residence tests to see if your wife can qualify:
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/

It may come down to rejoining the workplace to gain worker status.

Yes she intends to return to work.

huckster

Given complexity of law, phone Citizens Advice, book meeting with someone who knows the law and the appeal based on the grounds advised. UC do get decisions wrong, because they have not considered information, case law etc.

UC Claim can proceed in your name with wife ineligible and if HRT decision changed, then claim will change to couple rate.