Father has failed the Habitual residence test twice.

Pollycat

poppy12345 wrote: »

When posting on a public forum you'll always get some people that will make comments you don't like. Best thing to do is move on and ignore those comments. Don't give them any reasons to come back and comment any further than they already have.

Generally I would agree.
But MSE have made it clear that certain boards - including this one - is not the place for such comments.

NeilCr wrote: »

I - as usual - agree with poppy. Ignore the adverse comments. They'll likely upset you but won't bother the person who made them

The OP should not have to ignore 'adverse comments' on this board.
We have touched on this subject on DT.

NeilCr

Pollycat wrote: »

The OP should not have to ignore 'adverse comments' on this board.
We have touched on this subject on DT.

I quite agree but with the way MSE is moderated/works right now there are pretty much always going to be these sort of comments around - even if only for a while - so the OP has to be prepared.

bflare

NeilCr wrote: »

I quite agree but with the way MSE is moderated/works right now there are pretty much always going to be these sort of comments around - even if only for a while - so the OP has to be prepared.

I do fully understand that people have opinions & I do understand how my posts may appear as if my Father has come back to England just to claim benefits. therefore, I did expect certain unhelpful comments but it does upset me a little when all I am doing is trying to assist my father so that he can live comfortably.



I am his son & I feel it is my duty to help him in his time of need. We all can find ourselves in situations that we didn't expect whether this is due to ill health or bad decisions. The situation my father is in is not ideal & I can assure every one that if my father was able to work he would.

OhWow

bflare wrote: »

The reason for my post was to try & get some advice on why he has been turned down twice because we have supplied numerous documents proving that he is intending to stay in the UK such as driving license, bank account, doctors all in my UK address.

We explained the rules to you on your other threads last year, when you were asking when your father was wanting to return and have benefits, housing and bill free use of the NHS.


As I explained then, under the Immigration Act 2014, the NHS is now only bill free to British citizens who reside in the UK and those with a valid ILR who reside in the UK. Others are on exceptions, agreements, have to pay. That is why once he could prove he was residing in the UK, he could use the NHS bill free.


As you were told in those threads too, for income based benefits there is a 3 month wait before these can be claimed. Have a look at the links NeilCr gave for any exception for the 2 year wait for the PIP benefit.

OhWow

Dullville wrote: »

Obviously their are rules are in place , ie 2 years for PIP and 3 months for UC to stop ex pats returning to the UK when their poorly and their money is running out.

The rule changes seem to have come in to stop EEA citizens and their families from claiming full UK benefits when they arrive? In order to stop that, the UK had to bring the rules in for British citizens too.

I think the UK were taken to the European Court of Justice by EEA citizens to continue to pay full benefits when they arrived?, but the courts ruled in the UK's favour.


Now it is a two year wait for PIP (unless an exception applies). Which is why the OP should look at the links NeilCr provided.

Now a 3 month wait for low income benefits. If the EEA citizen is not in work after that 3 months, they can now only have JSA (for the next 3 months only) and not TC, HB, CB etc anymore. Whereas a returning British citizen can claim full income based benefits after 3 months even if they are not in work. As allowed under EU law, this change was then applied to all the EEA citizens already in the UK and who had been looking for work for years.
https://www.freemovement.org.uk/existing-eea-migrants-at-risk-of-destitution-following-the-removal-of-housing-benefit/

bflare

Thank you to the people who have offered advice to my question, it's highly appreciated.

I will no longer be asking any questions on this forum.

OhWow

bflare wrote: »

Thank you to the people who have offered advice to my question, it's highly appreciated.

I will no longer be asking any questions on this forum.

Ignore the ones who give their opinion on what they think should happen.

This forum is very good for finding out what the rules are and it would be a shame for your father to lose that. Yes he has made poor financial choices, but he is where he is. Most of us get that you are trying to help him and how stressful that must be for you.

bflare

OhWow wrote: »

Ignore the ones who give their opinion on what they think should happen.

This forum is very good for finding out what the rules are and it would be a shame for your father to lose that. Yes he has made poor financial choices, but he is where he is. Most of us get that you are trying to help him and how stressful that must be for you.

Thank you.


I appreciate that my father has not made the best finacial decisions & I have had words with him about this. But, the situation is what it is & from my point of view it has been difficult & stressful.


I had to find a suitable property at short notice, arrange various appointments & move just before Christmas. I then found out that my father may not be able to stay with me due to a clause in the tenancy agreement & I could therefore be in breach of the tenancy. I have lost my 25% council tax discount, all my energy bills have doubled due to my father living with me. This has put a financial burden on me & I have a young son who I have part time care of.

I am worried that once his savings have run out & he is getting no help then I will be financially supporting him which I just cannot do & could result in all manner of problems. But, he is my father & I am doing what any loving Son would do. All my questions regarding the situation are because I am worried about my future & of cause his & not to see how much benefits we can scrounge.

FBaby

I don't understand the issue. He came with £3000 and only has to wait 3 months to claim benefits. Surely he hasn't spent the £3000 and that should last him until he can claim.

If he's spent that money, after learning how importent it is to br careful after using all his redundancy in Italy, thrn frankly your father is not doing anything to help himself and is being very unfair towards you.

bflare

FBaby wrote: »

I don't understand the issue. He came with £3000 and only has to wait 3 months to claim benefits. Surely he hasn't spent the £3000 and that should last him until he can claim.

If he's spent that money, after learning how importent it is to br careful after using all his redundancy in Italy, thrn frankly your father is not doing anything to help himself and is being very unfair towards you.

You are right. There is no issue at the moment. He has still got just under 3k left & I am not asking him for any money towards bills etc. I am just concerned that they are not giving any real reason for not granting him HR. I understand that there is a time limit & it can take months but I guess I am panicking a little in case this takes a lot longer than I expected & I become financially responsible for him.


My question was to see if there should be something we should be doing to prove that he is going to be living in the UK indefinitely.