Failed habitual test

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  • TELLIT01
    TELLIT01 Posts: 16,455 Forumite
    First Anniversary First Post Name Dropper PPI Party Pooper
    Marmiter wrote: »
    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 :o


    I agree we don't have enough information to give a definitive answer. It's an extremely complex area.
  • AnnaRenes
    AnnaRenes Posts: 27 Forumite
    First Anniversary
    Hi there, I am back again, so I have finally managed to get my settled status but it took way longer than I expected. I have also asked for a mandatory reconsideration back in the summer, and only got a response from them in November because I raised a complain. Then I was told I may have a right to reside under Regulation 8, Immigration (EEA) Regulations 2016 however they were asking for EEA family member permit my sister's name on the permit, you can only get a permit if u are entering the UK and not currently living here and have been for the last 7/8 years.


    Anyway I am looking for advice if I can get my claim backdated and if there is anything else that I can be done because I ended up homeless because of the situation.

    Many thanks
  • AnnaRenes
    AnnaRenes Posts: 27 Forumite
    First Anniversary
    I got my status last week and had an appointment on Friday so still waiting to hear back from the decision maker, if successful I will have to wait another month to get any sort of money.


    Can they still refuse my application?
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    edited 15 December 2019 at 7:35AM
    Can they still refuse my application?

    Don't think anyone can give you a clear answer as you have not explained your current status. You've indicated your sister has a certain status but not yourself.

    What does it say on your passport?

    Here is the legislation you quoted. It appears to indicate you are not an EEA national and it appears to indicate you would have to apply from outside the UK to get back in. You may need specialist help and you are not likely to find it here. See if there is a charity close to you that can help.

    http://www.legislation.gov.uk/uksi/2016/1052/made

    Bear in mind all this might change soon too.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    edited 15 December 2019 at 9:29AM
    WhenIam64 wrote: »
    as you have not explained your current status. .

    OP has said that they now have settled status (post #23).

    Given that you have settled status you are entitled to claim UC and your new claim should not be refused. You can request an advance payment if you wish but this is a loan which has to be paid back over 12 months so if you take an advance you will get less money each month in the future. You will not be able to get your new claim backdated.

    I don’t know enough to comment on the MR and how your sister’s status affects your earlier claim. If you can prove that all of the time you have been in the U.K. you worked or only stopped work because you were temporarily unable to work due to health problems then you should have ‘retained’ worker status and pass the HRT. The difficulty is proving past temporary incapacity to work if you did not claim a health related benefit that time.

    What evidence have Home Office accepted to grant you Settled Status? Did you give them anything the DWP have not seen?
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • AnnaRenes
    AnnaRenes Posts: 27 Forumite
    First Anniversary
    I have a settld status.

    They have seen the letters from HMRC and my Lease Agreements mainly. They never asked for more evidence.

    The problem that I have got it that because of the JC refusing to give me any benefits I was left with no money and ended up homeless. I gave the JC a lot of evidence and I tried to challenged their decision. I don't like how the said I may have a right to reside because of my sister and then asked for the permit that you can ONLY get if u are not LIVING here, so to me they don't have enough information about the whole pre and settled status and are wrongly refusing benefits.

    I didn't claim it, I was really unwell and isolated. I don't know how where to get the help from but I have really given them enough evidence to prove that I have worked and kept looking for work.
  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
    First Anniversary Name Dropper First Post
    edited 15 December 2019 at 7:41PM
    AnnaRenes wrote: »
    I have a settled status.
    I was really unwell and isolated. I don't know how where to get the help from but I have really given them enough evidence to prove that I have worked and kept looking for work.

    Go to your local Citizens Advice and get help with your appeal.
    https://www.citizensadvice.org.uk/scotland/

    Also Shelter Scotland
    0808 800 4444 (Monday to Friday, 9am to 5pm)
    https://scotland.shelter.org.uk/about_us/local_services?referral=contact_us

    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/
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    If the OP reads this guidance from the House of Commons Library (it's the guidance given to MPs), then she should check each point that has been made within.

    https://commonslibrary.parliament.uk/brexit/policy/how-can-eu-nationals-access-uk-benefits/

    Note the comment
    Those with settled status will now satisfy the right to reside requirement for benefits automatically.

    and check the "further reading" section. If you meet all the conditions and there is no confusion about your status, give the JC a copy as confirmation of the rules they ought to be applying. You might even ask your new MP to write a covering letter for you, to explain to JC what Parliament has decided.

    But check your understanding of your position.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • OhWow
    OhWow Posts: 383 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    edited 16 December 2019 at 11:43PM
    AnnaRenes wrote: »
    I don't like how the said I may have a right to reside because of my sister and then asked for the permit that you can ONLY get if u are not LIVING here,

    Are you an non-EEA citizen?

    If you are a non-EEA citizen and using EU's Free Movement to be in the UK as an Extended Family Member of an EEA citizen, then after your EU Family Permit to enter the UK expired, the EU required you to apply for and be granted, an EU Resident Card, to continue to have a Right to Reside in UK (as long as your EEA sponsor followed EU rules too).
    AnnaRenes wrote: »
    so to me they don't have enough information about the whole pre and settled status and are wrongly refusing benefits.

    Settled status and pre-settled status are all part of Brexit and not EU rules.

    People who might not get the EU's PR because they have not continued to follow the EU rules continually for 5 years, have still been granted settled status when they applied under Brexit because all the latter requires is proof they have lived here for 5 years.

    If you were not allowed to have UK benefits using the EU rules, then you needed to apply for and be granted Settled Status under UK's Brexit rules, which you have now done.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    OhWow wrote: »
    Are you an non-EEA citizen?
    ...
    Settled status and pre-settled status are all part of Brexit and not EU rules. You needed to apply for and be granted settled status to have UK benefits.

    OP has already said that they now have settled status.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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