Time outside the UK

8dayweek

I’m 99% confident you’d pass HRT automatically - you said you had dual citizenship (British and something else) so you’d fall under returning British Citizen.

sammyjammy

8dayweek said:

I’m 99% confident you’d pass HRT automatically - you said you had dual citizenship (British and something else) so you’d fall under returning British Citizen.

99% sure?  Being a British citizen has nothing to do with HRT.

marcia_

8dayweek said:

I’m 99% confident you’d pass HRT automatically - you said you had dual citizenship (British and something else) so you’d fall under returning British Citizen.

 Habitual residence has nothing to do with nationality and everything about where the applicant has their permanent home and can prove they have returned permanently 

Muttleythefrog

sammyjammy said:

8dayweek said:

I’m 99% confident you’d pass HRT automatically - you said you had dual citizenship (British and something else) so you’d fall under returning British Citizen.

99% sure?  Being a British citizen has nothing to do with HRT.

marcia_ said:

8dayweek said:

I’m 99% confident you’d pass HRT automatically - you said you had dual citizenship (British and something else) so you’d fall under returning British Citizen.

 Habitual residence has nothing to do with nationality and everything about where the applicant has their permanent home and can prove they have returned permanently 

The UC HRT is a very broad umbrella test (poorly named as it goes beyond simply a question of strict habitual residence) that includes looking at entitlement to public funds/right to reside and so includes looking at nationality... the immigration/nationality status of some will exempt them from the habitual residence requirement (like refugees). After recent separation my dual nationality wife was immediately subject, as a single claimant, to the test again (records to include her British Citizenship not updated) as the system I imagine flagged up she is Mexican (she had not been overseas for 11 months). Needless to say they started asking for a Biometric Residence Permit which she no longer had to prove her status... but eventually resolved as per image.. she passed as she is a British Citizen.

Cefalu24

Muttleythefrog said:

Cefalu24 said:

Muttleythefrog said:

As above... there are rules regarding being outside of the country while claiming but naturally they don't apply when not. You may face the very broad Habitual Residence Test which looks to see if entitled to public funds and can be considered resident here but I see no reason you would not pass it (especially if in UK the 3 months prior to claim) and then simply face the usual qualification criteria for UC with entitlement assessed each month. 

As a side note... given you may face future foreign travel while claiming... there can be a slight relaxation of the month outside of the UK rule where there are special circumstances and something such as a relative's demise could well be one they may consider giving you a second month as they did in my own partner's case.

Muttleythefrog said:

As above... there are rules regarding being outside of the country while claiming but naturally they don't apply when not. You may face the very broad Habitual Residence Test which looks to see if entitled to public funds and can be considered resident here but I see no reason you would not pass it (especially if in UK the 3 months prior to claim) and then simply face the usual qualification criteria for UC with entitlement assessed each month. 

As a side note... given you may face future foreign travel while claiming... there can be a slight relaxation of the month outside of the UK rule where there are special circumstances and something such as a relative's demise could well be one they may consider giving you a second month as they did in my own partner's case.

That's good to know re future, thank you. Would I pass the Habitual Residence Test if I had only just returned a few weeks ago? 

My understanding is that you may well pass.... the 3 months isn't a hard fact and after a month from return you may succeed in application. If you do not then you can ask for a MR (Mandatory Reconsideration) to see if they will change their minds and the reason you were abroad may work in your favour. Ultimately they want to see that the UK is your home and place you intend to live... having lived here for as long as you have will help...and British citizenship... as probably would any lack of other travel outside the UK over the period they ask about. There is a bit of subjectivity unlike with say your nationality (UK) which automatically means you're entitled to claim public funds.

Have a read of this... including for pointers as to what factors they may consider in their decision on HRT.
https://www.housing-rights.info/habitual-residence-test.php

Thank you very much - this is really helpful! 

Cefalu24

Muttleythefrog said:

sammyjammy said:

8dayweek said:

I’m 99% confident you’d pass HRT automatically - you said you had dual citizenship (British and something else) so you’d fall under returning British Citizen.

99% sure?  Being a British citizen has nothing to do with HRT.

marcia_ said:

8dayweek said:

I’m 99% confident you’d pass HRT automatically - you said you had dual citizenship (British and something else) so you’d fall under returning British Citizen.

 Habitual residence has nothing to do with nationality and everything about where the applicant has their permanent home and can prove they have returned permanently 

The UC HRT is a very broad umbrella test (poorly named as it goes beyond simply a question of strict habitual residence) that includes looking at entitlement to public funds/right to reside and so includes looking at nationality... the immigration/nationality status of some will exempt them from the habitual residence requirement (like refugees). After recent separation my dual nationality wife was immediately subject, as a single claimant, to the test again (records to include her British Citizenship not updated) as the system I imagine flagged up she is Mexican (she had not been overseas for 11 months). Needless to say they started asking for a Biometric Residence Permit which she no longer had to prove her status... but eventually resolved as per image.. she passed as she is a British Citizen.

Thank you for sharing this is providing great context - I am pleased to hear that the issue has been resolved for your recent wife.