Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Hymie97
    • By Hymie97 29th Jan 18, 10:53 PM
    • 5Posts
    • 0Thanks
    Hymie97
    (deleted) .
    • #1
    • 29th Jan 18, 10:53 PM
    (deleted) . 29th Jan 18 at 10:53 PM
    (deleted) .
    Last edited by Hymie97; 13-03-2018 at 5:52 PM.
Page 1
    • pmlindyloo
    • By pmlindyloo 29th Jan 18, 11:10 PM
    • 12,063 Posts
    • 13,901 Thanks
    pmlindyloo
    • #2
    • 29th Jan 18, 11:10 PM
    • #2
    • 29th Jan 18, 11:10 PM
    I moved to this country when I was 5 years old with my parents and lived here since. Which means I am not a British citizen, although I'm planning to become a citizen (I just cant afford it right now, it costs £1280).
    I've been unable to get a job and really struggling and living with parents. Few months ago I applied for Universal Credit, went to the Jobcentre to do the Habitual Residence test. After the test, they told me it takes 30 days or something like that to process, so I had to wait. After about 22 days of waiting, I got a letter from the DWP telling me that I failed my Habitual Residence test because I didn't provide enough evidence. Even though I brought all the evidence that I could possibly gather to prove that I'm a Resident in this country (according to their rules and conditions, it's the past 3 months of living here that qualify you).

    So I just gave up after getting that letter and continued to look for a job constantly.
    I want to apply for Universal Credit again and I'm going to try and bring more evidence this time, but I'm worried that they'll just do the same thing no matter how much proof I have (that I lived here for the last 3 months)

    I cant even speak my native language, so I cant 'go back to my own country' as it were.

    What can I do to make sure I pass the Habitual residence test?
    Originally posted by Hymie97
    To give the right information can you please tell us what nationality your parents are? What are their circumstances? Do they work?

    If they are not EU citizens what do they have stamped on their passports? Indefinite leave to remain? Something else?
    • Hymie97
    • By Hymie97 29th Jan 18, 11:17 PM
    • 5 Posts
    • 0 Thanks
    Hymie97
    • #3
    • 29th Jan 18, 11:17 PM
    • #3
    • 29th Jan 18, 11:17 PM
    (deleted) .
    Last edited by Hymie97; 13-03-2018 at 5:51 PM.
    • Muttleythefrog
    • By Muttleythefrog 30th Jan 18, 2:10 AM
    • 13,846 Posts
    • 26,050 Thanks
    Muttleythefrog
    • #4
    • 30th Jan 18, 2:10 AM
    • #4
    • 30th Jan 18, 2:10 AM
    What sort of documentation did you supply as evidence... and did they give any idea on what deficiencies there was?
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
    • Caz3121
    • By Caz3121 30th Jan 18, 9:09 AM
    • 11,592 Posts
    • 7,569 Thanks
    Caz3121
    • #5
    • 30th Jan 18, 9:09 AM
    • #5
    • 30th Jan 18, 9:09 AM
    quite a bit of info here https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/
    • Mouschka
    • By Mouschka 30th Jan 18, 9:51 AM
    • 115 Posts
    • 187 Thanks
    Mouschka
    • #6
    • 30th Jan 18, 9:51 AM
    • #6
    • 30th Jan 18, 9:51 AM
    Were you in the uk for the three months prior to applying for UC?
    If so are you registered with a GP/on the electoral register?
    Do you have UK bank accounts?
    Have you ever lived outside the UK since you came to live here as a child? If not can you prove this?
    You can appeal the decision and if you have evidence such as the above.
    If you apply again you will be able to prove that you were here at the time you first applied - if that was three months or more ago that should mean you qualify.
    Ask Citizens Advice for help or search online yourself for grounds for appealing habitual residency test if you are still within the time limits for appealing. Good luck!
    • Hymie97
    • By Hymie97 30th Jan 18, 4:31 PM
    • 5 Posts
    • 0 Thanks
    Hymie97
    • #7
    • 30th Jan 18, 4:31 PM
    • #7
    • 30th Jan 18, 4:31 PM
    (deleted) .
    Last edited by Hymie97; 13-03-2018 at 5:51 PM.
    • sheramber
    • By sheramber 30th Jan 18, 4:55 PM
    • 5,579 Posts
    • 4,241 Thanks
    sheramber
    • #8
    • 30th Jan 18, 4:55 PM
    • #8
    • 30th Jan 18, 4:55 PM
    Contact your local Citizens Advice. They have advisors who can help you.
    • Alice Holt
    • By Alice Holt 30th Jan 18, 6:17 PM
    • 2,618 Posts
    • 3,036 Thanks
    Alice Holt
    • #9
    • 30th Jan 18, 6:17 PM
    • #9
    • 30th Jan 18, 6:17 PM
    It's likely you may have failed the UC test because they don't classify you as having "worker status" or "retained worker status".
    You may be best to find a job, and then apply for UC:
    https://www.entitledto.co.uk/help/EEA_national_worker_definition
    https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/eligibility-non-british-citizen/#h-if-you-re-from-a-european-country

    Right to reside and habitual residence for UC is a very complicated issue.
    • Hymie97
    • By Hymie97 30th Jan 18, 9:39 PM
    • 5 Posts
    • 0 Thanks
    Hymie97
    (deleted) .
    Last edited by Hymie97; 13-03-2018 at 5:52 PM.
    • tboo
    • By tboo 31st Jan 18, 5:43 PM
    • 786 Posts
    • 4,224 Thanks
    tboo
    I am trying to find a job the whole time.

    Maybe I should apply for Job Seekers Allowance, I don't know what the difference is between UC and JSA
    Originally posted by Hymie97

    As you have tried and failed to get Universal Credit you won't be able to claim Job Seekers Allowance as the area you live in is in a UC area
    Started on the No Clutter thread - 25/01/2018
    “You’re only here for a short visit. Don’t hurry, don't worry and be sure to smell the flowers along the way.” —Walter Hagen
    Mortgage free 2/07/18. 9 years early

    • kingfisherblue
    • By kingfisherblue 31st Jan 18, 6:01 PM
    • 8,174 Posts
    • 17,685 Thanks
    kingfisherblue
    Have you worked previously? You could show old payslips if you have.

    Have you been issued with a National Insurance number? You could provide the letter that gives that information.

    Are you on the Electoral Roll? You can check at the librabry if you're not sure.

    The bills probably won't be any use of they are addressed to your parents.
    • Fifefamily
    • By Fifefamily 1st Feb 18, 1:02 AM
    • 26 Posts
    • 5 Thanks
    Fifefamily
    You may have gained a permanent right to reside if 1 or both of your parents have worked continuously for 5 years, however dependent upon what EU country they are from the work may have been required to be registered under the worker registration scheme up to April 2011.

    How old are you at the moment and is one of your parents working at the moment? As you may still be classed as a dependent and therefore could be classed as a "family member" and have "worker" status rather than "EU Jobseeker" status that they have decided.

    If any of these apply then you will need to provide evidence of parents employers etc.
    • epitome
    • By epitome 1st Feb 18, 1:33 AM
    • 3,160 Posts
    • 1,916 Thanks
    epitome
    As you have tried and failed to get Universal Credit you won't be able to claim Job Seekers Allowance as the area you live in is in a UC area
    Originally posted by tboo
    Not necessarily true.

    UC Live Service area both UC or JSA can be claimed

    UC Full Service Area only UC can be claimed.

    OP,
    I expect the HRT is the same or similar for JSA as it is for UC they both talk about having and retaining "worker status".

    Sounds like you asked them to look again at the decision and they would have sent you a Mandatory Reconsideration Notice.

    You should ask CAB if they can refer you to an expert in HRT.
    • Alice Holt
    • By Alice Holt 1st Feb 18, 10:00 AM
    • 2,618 Posts
    • 3,036 Thanks
    Alice Holt
    OP,
    I expect the HRT is the same or similar for JSA as it is for UC they both talk about having and retaining "worker status"..
    Originally posted by epitome
    The rules around RtR and Habitual Residence are (even) more complicated under UC than for JSA .
    The DWP seem very quick to refuse UC claims regardless of the the evidence provided.
    The links I provided earlier give a summary of the requirements. It's likely that the OP will only meet these requirements, once employed and having therefore attained worker status. Even then the DWP may try to decline the claim on the grounds that the OP hasn't been employed for sufficient time to establish the job is genuine and effective, or his earnings are insufficient.
    • Hymie97
    • By Hymie97 2nd Feb 18, 3:06 PM
    • 5 Posts
    • 0 Thanks
    Hymie97
    (deleted) .
    Last edited by Hymie97; 13-03-2018 at 5:52 PM.
    • kingfisherblue
    • By kingfisherblue 2nd Feb 18, 6:24 PM
    • 8,174 Posts
    • 17,685 Thanks
    kingfisherblue
    Did your parents receive Child Benefit for you? Not sure iof that will help, but might be worth providing evidence.
    • Alice Holt
    • By Alice Holt 2nd Feb 18, 7:04 PM
    • 2,618 Posts
    • 3,036 Thanks
    Alice Holt
    Did your parents receive Child Benefit for you? Not sure iof that will help, but might be worth providing evidence.
    Originally posted by kingfisherblue
    No - this won't help for UC RtR.

    Any evidence needs to bear directly on the UC regulations (see post 9) which principally (for the OP) is concerned with "worker status".
    • Sunny84
    • By Sunny84 11th May 18, 11:53 PM
    • 2 Posts
    • 0 Thanks
    Sunny84
    Hi everyone, I am new to this forum so please don't be too rough on me !!!55357;!!!56904;
    I can agree that the rules for HRT for UC are very complicated. I'm trying to fight with them since January.
    I thought myself they are only going to check on the past 3 months to establish if you were residing in this country.
    This isn't a case for UC.
    I have been living in the uk for the past 14 years. I haven't been working continously for 5 years tho as I wascstating home with my daughter when my husband had a well paid job.
    I got divorced in 2015 and lost my job same time. Then for nearly a year I have been on jobseeker allowance while doing an Access to HE. I have started university in October 2016 and since then I am supporting myself through the student finances loan. I have applied for UC this January and been rejected. The decision maker argues that I have no rights to reside in this country. My daughter is in a dull time education however her father lives in this country so if I'll be forced to leave the country, her rights for education wont be broken as she will stay with her dad who is a qualified person.
    The decision maker argues that I am not a self sufficient person. However on my previous joint claim (where I haven't been entitled to uc but my ex partner was) they took my student loan as an income of £850 a month.
    I have a mandatory reconsideration of reconsideration or whatever its called.
    In the middle of April I have received a phone call of the decision maker saying, he reconsidered the decision and it went on my favour. It takes few days to be uploaded on my journal. Last Monday I have received an email that I need to read the message in my journal. They have changed the decision and rejected my claim, saying they have made an error. I do have a CSI for myself and both of my daughters (since I divorced I have a second daughter, who is few months old, her father's name isn't on the BC as he couldn't be bothered to be a part of her life)
    They never gave me a regulation which explains that student income isn't an income. I have found, I think Reg68 part 3 chapter 6 (if I'm correct) saying anyone undertaking the course who has a student loan/grant is considered as pa person having a srudent income.
    No one can help me with my case. I have asked so many ppl already and no one really knows and thry say the UC is a new thing and thry don't really know how it works. Cab didn't know how to help me. Thry have never phoned me back. I had a MP involved, the welfare officer and my university.
    I really wanted to avoid making the appeal as apparently it takes nearly 9 months at the moment with the amount of cases they need to deal with. UC doesn't want to talk to me anymore, saying I can appeal if I want to. I have make a complaint on the gov.co.uk website and they have got back to me saying I can appeal. I have found that possibly Parliamentary ombudsman could help with that but I will only find out after the weekend !!!55357;!!!56897; it put me in so much stress which has an impact on my studying as well as I am in the middle of the exams. It is unreal to me. I have no clue what to do, or there to go and ask someone to help me.
    Can anyone on here possibly advise please !!!55357;!!!56911;!!!55356;!!!57339; anything other than
    Yeah go back to your country. I haven't been living there for nearly 15 years. Both of my daughters were born here, my older daughter finishes primary school soon, I can't imagine turning her life upside down and throwing her into the new reality in a country where she only went to couple of times !!!55357;!!!56877;
    Thank you.
    • _shel
    • By _shel 12th May 18, 6:11 AM
    • 1,650 Posts
    • 2,958 Thanks
    _shel
    Hi everyone, I am new to this forum so please don't be too rough on me !!!55357;!!!56904;
    I can agree that the rules for HRT for UC are very complicated. I'm trying to fight with them since January.
    I thought myself they are only going to check on the past 3 months to establish if you were residing in this country.
    This isn't a case for UC.
    I have been living in the uk for the past 14 years. I haven't been working continously for 5 years tho as I wascstating home with my daughter when my husband had a well paid job.
    I got divorced in 2015 and lost my job same time. Then for nearly a year I have been on jobseeker allowance while doing an Access to HE. I have started university in October 2016 and since then I am supporting myself through the student finances loan. I have applied for UC this January and been rejected. The decision maker argues that I have no rights to reside in this country. My daughter is in a dull time education however her father lives in this country so if I'll be forced to leave the country, her rights for education wont be broken as she will stay with her dad who is a qualified person.
    The decision maker argues that I am not a self sufficient person. However on my previous joint claim (where I haven't been entitled to uc but my ex partner was) they took my student loan as an income of £850 a month.
    I have a mandatory reconsideration of reconsideration or whatever its called.
    In the middle of April I have received a phone call of the decision maker saying, he reconsidered the decision and it went on my favour. It takes few days to be uploaded on my journal. Last Monday I have received an email that I need to read the message in my journal. They have changed the decision and rejected my claim, saying they have made an error. I do have a CSI for myself and both of my daughters (since I divorced I have a second daughter, who is few months old, her father's name isn't on the BC as he couldn't be bothered to be a part of her life)
    They never gave me a regulation which explains that student income isn't an income. I have found, I think Reg68 part 3 chapter 6 (if I'm correct) saying anyone undertaking the course who has a student loan/grant is considered as pa person having a srudent income.
    No one can help me with my case. I have asked so many ppl already and no one really knows and thry say the UC is a new thing and thry don't really know how it works. Cab didn't know how to help me. Thry have never phoned me back. I had a MP involved, the welfare officer and my university.
    I really wanted to avoid making the appeal as apparently it takes nearly 9 months at the moment with the amount of cases they need to deal with. UC doesn't want to talk to me anymore, saying I can appeal if I want to. I have make a complaint on the gov.co.uk website and they have got back to me saying I can appeal. I have found that possibly Parliamentary ombudsman could help with that but I will only find out after the weekend !!!55357;!!!56897; it put me in so much stress which has an impact on my studying as well as I am in the middle of the exams. It is unreal to me. I have no clue what to do, or there to go and ask someone to help me.
    Can anyone on here possibly advise please !!!55357;!!!56911;!!!55356;!!!57339; anything other than
    Yeah go back to your country. I haven't been living there for nearly 15 years. Both of my daughters were born here, my older daughter finishes primary school soon, I can't imagine turning her life upside down and throwing her into the new reality in a country where she only went to couple of times !!!55357;!!!56877;
    Thank you.
    Originally posted by Sunny84

    Getting a job will give you status. You before relied on your husbands worker status which you can no longer do. You need to work.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

274Posts Today

1,423Users online

Martin's Twitter