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Habitual Residence Test? I am English!
November5th
Posts: 429 Forumite
I am US born with a UK father having lived in the UK since 1977.
I have paid taxes and NI since 1990.
The JC have been messing about with my income based JSA claim, and after 7 weeks of messing about they have now asked for a Habitual residence Test?
Is this even possible?
I have claimed JSA before and this has never come up.
Both my partner and I have right to reside in the UK indefinitely stamps in our US passports and long standing NI numbers.
What do I do? Is this another game from them and where do I complain?
I have paid taxes and NI since 1990.
The JC have been messing about with my income based JSA claim, and after 7 weeks of messing about they have now asked for a Habitual residence Test?
Is this even possible?
I have claimed JSA before and this has never come up.
Both my partner and I have right to reside in the UK indefinitely stamps in our US passports and long standing NI numbers.
What do I do? Is this another game from them and where do I complain?
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Comments
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This is to establish where you pay your tax and national insurance as some countries have reciprocal agreements where if you pay in one country, you don't have to pay in the other.
Usually it is for people who have been living/working abroad in the recent past. I had to complete one of these after working abroad for 9 months. It has nothing to do with your nationality.
If you haven't lived or worked abroad recently, then I'm afraid I'm stumped as to why they have sent this to you.
My advice would be to complete the form and send it back. Treating it with the contempt it deserves would probably lead to some kind of sanction.Barclaycard 0% - [STRIKE]£1688.37 [/STRIKE] Paid off 10.06.120 -
My partner hasn't paid tax or NI for a while, I supported him when I was working (musician!)
But I am not claiming for him, I just live with him.0 -
First of all, read up on the Habitual Residence Test As I see it, the test is an administrative process carried out by the relevant benefit provider - you just have to show that you live here.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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Well, filled in my HRT form and took it to the JC and it was surreal.
I asked why I was being asked to fill in the form, they said, oh, you must have been on holiday. I told them that I had been signing on weekly for six weeks and fortnightly before that, I mean, they see me plenty!
Then I sat down with an advisor who went over the form, and my passport (which they already have copies of) and she said have you been abroad at all? I mentioned I had been to Cuba on holiday eleven years ago so she crossed out my date of entry to the UK (1977) and wrote on the form that I had been on holiday in Cuba for two weeks and entered the UK in 2000!
She then, under this noted, came to live in UK in 1977.
It was bizarre! What are they doing?0 -
That is scary. I don't claim any benefits but as someone with indefinite leave to remain i would like to think I wouldn't be put through the ringer because i went back to NZ for a week several years ago...0
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That is scary. I don't claim any benefits but as someone with indefinite leave to remain i would like to think I wouldn't be put through the ringer because i went back to NZ for a week several years ago...
I got some free legal advice, they never should have asked about my holidays and the form is a common formality.
Treated like a criminal by the JC again. Freaky.0 -
November5th wrote: »I am US born with a UK father having lived in the UK since 1977.
I have paid taxes and NI since 1990.
The JC have been messing about with my income based JSA claim, and after 7 weeks of messing about they have now asked for a Habitual residence Test?
Is this even possible?
I have claimed JSA before and this has never come up.
Both my partner and I have right to reside in the UK indefinitely stamps in our US passports and long standing NI numbers.
What do I do? Is this another game from them and where do I complain?
So you're not English then, are you?
You're US born. You have indefinite right to remain and you have a US passport.
Nowhere do you mention if you are a UK citizen.
Given the circumstances, I don't see what your beef is about.0 -
So you're not English then, are you?
You're US born. You have indefinite right to remain and you have a US passport.
Nowhere do you mention if you are a UK citizen.
Given the circumstances, I don't see what your beef is about.
Because they made it sound so bad, like they were accusing me of some sort of fraud. At no point did anyone say that it was standard procedure.0 -
November5th wrote: »My partner hasn't paid tax or NI for a while, I supported him when I was working (musician!)
But I am not claiming for him, I just live with him.
If you are living with your partner and claiming income based JSA, you have to claim for him. And if you have no dependent children you will have to make a joint claim, unless he is unable to work eg through sickness0 -
As your father was a British citizen you are also a British citizen and can apply for a British passport. It will take about 6 weeks as you have to have an interview.
You can have duel residency with your US passport.
Passport info0
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