Habitatul residency test

The letter should include information about why you failed the HRT. If there is no explanation, or you don't understand the explanation, I would suggest calling them to discuss the situation.

The Habitual Residence test is only applied to means tested benefits so you were able to claim carer's allowance as it is not means tested.

Have a look at this website
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/

Big46 wrote: »

They just said because I'm a full time carer im not seeking work so I can't retain my "workers status" therefore don't have a right to reside. I am In Limbo.

That's correct. You cannot take any UK benefits at all.

To reside in another EEA country and claim their benefits, then we must be a qualified person at all times. (Not all types "qualifed persons" can claim UK benefits either.)


If you had been a jobseeker qualifed person after leaving your UK job, and had the evidence to prove that, then you would have retained worker status for up to 6 months. An EEA citizen jobseeker qualifed person can only have 6 months of looking for work in the UK.

The "don't have a right to reside" in the UK is because you are not following EU treaty rights of free movement and therefore you have no right to be in the UK.

Big46 wrote: »

I am an English speaking Italian citizen and I have lived in the U.K. Since 2012 with my British partner and married since 2013.

Being married to a citizen of that EEA country is not being a qualified person.

Big46 wrote: »

From 2012-2013 I was self sufficient

Did you have a CSI (Comprehensive Sickness Insurance) for all this time? To be a Self Sufficient qualified person, you need to have held a CSI at all times.

Big46 wrote: »

From late 2013-to early 2014 I claimed jobseekers

Was this for more than 6 monthS?

Big46 wrote: »

I am 8 months away from permanent residency under the EU rules.

Unfortunately, it looks like you have stopped your 5 years to PR clock when you stopped working as you are now not a qualified person. You must be a qp at all times to have a right to reside in the UK. As you have been told by the government department, you don't have a right to reside in the UK anymore. .

To get PR, you needed to have been in the UK "continuously and legally" for 5 years.

Big46 wrote: »

and also meet the 3 year spousal avenue,

That is nothing to do with EU rules as that is (or rather was until July 2012) UK immigration rules. You must follow EU rules at all times.

All that being married to a British citizen would have meant for you if you had got PR, was that you wouldn't have had to wait another year after PR to apply to be British, - subject to all the other rules that must be met for citizenship - Good Character, English test, Life in the UK test etc. Being granted BC would have also meant that you wouldn't have to see what you might be offered under Brexit, when EU laws will end in the UK.

Thanks for the very detailed breakdown of the situation OhWow. Even when I worked on benefit processing I was glad to be able to hand over HRT decisions to specialist Decision Makers.