Failed habitual test

AnnaRenes

I have worked pretty much all the way up to September 2019 with maximum 2-3 weeks in between from 2013, then was meant to be studying and have done for a couple of months but had been off sick and couldn't manage to finish my course ( have doctors note) then I had a temp contract from November up until end of January, I had so health problems related to my mental health and was going through a therapy at the time as well, I was hoping that my contract will be extended but it wasn't. I have been applying for jobs and had 2 interviews but didn't get a job, I am applying but right now I am in a lot od debt and my mental health is getting worse because of the situation. I applied for benefits in May as I was hoping and confident that I will find something but had no luck.

calcotti

If you are an EU national please take the advice from a number of people to apply for settled status. It is simple and I believe can be fairly quick. If granted this will, as explained, meet the ‘right to reside’ part of the test.

Alice_Holt

AnnaRenes wrote: »

I have worked pretty much all the way up to September 2019 with maximum 2-3 weeks in between from 2013, then was meant to be studying and have done for a couple of months but had been off sick and couldn't manage to finish my course ( have doctors note) then I had a temp contract from November up until end of January, I had so health problems related to my mental health and was going through a therapy at the time as well, I was hoping that my contract will be extended but it wasn't. I have been applying for jobs and had 2 interviews but didn't get a job, I am applying but right now I am in a lot od debt and my mental health is getting worse because of the situation. I applied for benefits in May as I was hoping and confident that I will find something but had no luck.

If you became ill after leaving work and starting studying then you will not have retained "worker status".

Have you gone through the link I supplied @ post 5?
This one - https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-have-the-right-to-reside/
Does any other ground apply?

If you can demonstrate 5 continuous years working with only a few gaps of 2/3 weeks between jobs (presumably when you were job seeking if not claiming JSA?), then it is quite likely a tribunal may grant you permanent RtR even if the DWP haven't. So, your original UC claim will be deemed valid.

I would suggest:
a) applying for settled status;
https://www.citizensadvice.org.uk/immigration/staying-in-the-uk-after-brexit/applying-for-settled-status/
b) reapplying for UC when this is granted:
c) pursuing your appeal with the hope of getting UC backdated to May by a tribunal.
https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/appealing-a-universal-credit-decision-at-a-tribunal/

Have you thought about applying for PIP because of your illness?
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

Go to your local Citizens Advice and get a benefits check, plus help with the above.
https://www.citizensadvice.org.uk/scotland/
Are you in Scotland?

Again all this assumes EEA & UC - is this right?

AnnaRenes

Yes I am in Scotland, I have applied for a settled status but now needing to send my passport away, or having in check at one of the locations. I did demonstrated 5 years, I am just surprised because as I have said I know of people who have been here a lot less and worked a lot less and still got the benefits.

Let me make this clear I never wanted to apply for them in a first place, but being in a situation I was in I had to and feel like I have been treated unfairly.

Alice_Holt

AnnaRenes wrote: »

I did demonstrate 5 years... feel like I have been treated unfairly.

Then appeal it with the help of CAS.


Again all this assumes EEA & UC - is this right?

AnnaRenes

I have been advised to ask for a mandatory reconsideration but need some strong points, I almost feel like giving up as the system keeps failing me.

TELLIT01

AnnaRenes wrote: »

I have been advised to ask for a mandatory reconsideration but need some strong points, I almost feel like giving up as the system keeps failing me.

The decision will have been made on the basis of the information you provided. If there were any gaps in employment history which were not fully explained you would have failed the HR test. It's not the Decision Maker's role to chase a claimant for additional information although I knew some who did.
I'm not criticising you as it is very easy to omit information accidentally. I'm simply explaining the process.

AnnaRenes

I GAVE them all the information.........

calcotti

AnnaRenes wrote: »

Yes I am in Scotland, I have applied for a settled status but now needing to send my passport away, or having in check at one of the locations.

I recommend you avoid sending it away if you can.

Marmiter

TELLIT01 wrote: »

There are strict criteria regarding period of work which have to be fulfilled and I suspect it may be that area which is the problem. You do need expert advice so approaching Citizens Advice is certainly a good first step.

Not just that, but the reason for the employment ending is also key. You must be "involuntarily unemployed".

I don't feel that the OP has given us enough information here for anyone to be able to give a definitive answer to her question