Failed Habitual Residence Test

ajENGLAND

Hi everyone,

So this question is for my girlfriend. Shes been living here in the UK since March 2014, so over 5 years now. Was a resident here every year. Never left for more then 1 week at a time. Finished her job on 18th February 2019. Applied to UC around 20th May and was finally refused on 8th July.

"We have decided that you have failed the habitual residence test.
This is because you are a jobseeker"

The reason they have given for this is that she waited to long after finished her job to apply. This doesn't make any sense. Should they not be grateful that she postponed. She was living of her savings. It was only when she got desperate that she looked to benefits. She nor I was aware that she was even eligible for UC. I thought you had to be a British citizen (as I am).

Long story short she rejected due to failing the habitual residence test because she waited to long to apply? Can someone explain to me how this makes any sense?

Also at the time of this application she did not have her indefinite right to stay, although she has since been grated indefinite right to stay just 2 days ago.

Any advice would be helpful.

THANKS ALL

Edit 1: She was looking for work at the time of the UC application. Although it seems like she has found a job since her first application has been rejected (she is starting work Monday). I dont know if this will disqualify her from applying again or appealing as she will be making about 600 a month working part time.

Edit 2: She has Romanian Passport and Citizenship

calcotti

ajENGLAND wrote: »

Also at the time of this application she did not have her indefinite right to stay, although she has since been grated indefinite right to stay just 2 days ago.

The simplest thing will, I think, be to just apply again. Alternatively she can ask for a mandatory reconsideration of the decision to refuse. I suspect is quicker to try a new claim but obviously this will not be backdated.

What date is the ILR from?

ajENGLAND

I have told her to apply again but it seems like they made up the reason that she waited to long after her last job. If so they should apologise and reinstate her UC from the application date, no?

TELLIT01

ajENGLAND wrote: »

I have told her to apply again but it seems like they made up the reason that she waited to long after her last job. If so they should apologise and reinstate her UC from the application date, no?

I can't remember the precise details, but there used to be a requirement to have an unbroken work history for a number of years in order to qualify. Hopefully this comment will enable somebody to come in with a more complete answer.

calcotti

TELLIT01 wrote: »

I can't remember the precise details, but there used to be a requirement to have an unbroken work history for a number of years in order to qualify. Hopefully this comment will enable somebody to come in with a more complete answer.

I had similar thought. I think the period living off savings creates an unclear status. To have ‘retained worker’ status claimant needs to register as a job seeker as soon as they lose their previous employment (although this may be counter intuitive if there are savings available). See https://www.entitledto.co.uk/help/EEA_national_retained_worker_definition

Have always found HRT confusing - others may have a different take.

Now that ILR granted this is academic going forward.

TELLIT01

calcotti wrote: »

I had similar thought. I think the period living off savings creates an unclear status. To have ‘retained worker’ status claimant needs to register as a job seeker as soon as they lose their previous employment (although this may be counter intuitive if there are savings available). See https://www.entitledto.co.uk/help/EEA_national_retained_worker_definition

Have always found HRT confusing - others may have a different take.

Now that ILR granted this is academic going forward.

Totally agree. When I worked on ESA we passed all HRT cases to our local Decision Makers. That was done at their request, despite the 'rules' saying processors should do it. The DMs said they sometimes struggled so how the **** were we supposed to do it.