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  • Universal claim help

    Hi all,
    I have been denied the right to get universal credit..Even with the new evidence and settled status the decision is still no. I am really worried about my situation. I am separating with partner who I was depended on financialy since we had our second child, so I haven't worked since 2017 or applied for benefits as we had just enough money to get by with his earnings..I explained this in a letter when I brought new evidence and settled status but this wasn't taken in consideration. Could someone please advice me on this..if I start a new claim have I got a chance to be succesful this time, if I provide the settled status right away. I am really worried and not sure what to do at the moment. I am looking for a job to support me and the kids but that won't be enough to cover all. Please find below the 3/4 page of the letter explaining why according ro them, I don't have the right for claiming...thank you

  • #2
    Originally posted by Dita View Post
    Hi all,
    Morning,

    I'm glad to see you managed to log in.

    Originally posted by Dita View Post
    I have been denied the right to get universal credit..Even with the new evidence and settled status the decision is still no.
    I can't see the dates in your letters, the DWP was, very deviously, denying UC to people with settled status earlier this year, however, a memo released a couple of months ago clearly established settled status gives you a right to reside. We have a post dedicated to this: UKCEN Citizenship and Residence for European Nationals and their families

    Memo ADM 09/19 RIGHT TO RESIDE - EU SETTLEMENT SCHEME (EUSS) – UC

    EU Settlement Scheme
    5 The HO rolled out the EUSS nationally from 30.3.19. From September 2018, the HO started testing the introduction of the EUSS for EU citizens and family members of EU citizens to apply to the EUSS, if they wish to continue to live in the UK after the specified date.

    6 The HO has started issuing Settled Status notifications, which claimants can print off from their online HO account. These notifications are not proof of Settled Status or Pre-settled Status on their own, as they do not contain biometric information. These notifications should be accepted from the claimant as supporting evidence, which can be verified through HO services, using the existing HO Evidence and Enquiry stencil.

    Settled Status – Indefinite Leave to Remain

    7 Where a claimant has been granted ILR i.e. Settled Status under the EUSS, they will satisfy the right to reside element of the Habitual Residence Test for the purposes of claiming UC. Note: It is not necessary for DMs to apply the Imm (EEA) Regs 2016 where the claimant has been granted ILR, as the claimant does not need a qualifying right to reside.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Originally posted by Dita View Post
      I am really worried about my situation. I am separating with partner who I was depended on financialy since we had our second child, so I haven't worked since 2017 or applied for benefits as we had just enough money to get by with his earnings..I explained this in a letter when I brought new evidence and settled status but this wasn't taken in consideration.
      That was the key issue here, I've read the letter they sent and they keep making reference to having retained worker status and having acquired a permanent right to reside under EU rules. I must say this is an improvement on what they were doing a few years ago, when they didn't even mention permanent rights to reside, however, the wording in that letter is now out of date, in view of the memo above, which clearly states:

      Where a claimant has been granted ILR i.e. Settled Status under the EUSS, they will satisfy the right to reside element of the Habitual Residence Test for the purposes of claiming UC. Note: It is not necessary for DMs to apply the Imm (EEA) Regs 2016 where the claimant has been granted ILR, as the claimant does not need a qualifying right to reside.
      Originally posted by Dita View Post
      Could someone please advice me on this..if I start a new claim have I got a chance to be succesful this time, if I provide the settled status right away.
      As above, all you'd have to do *if* they still question your right to reside, is point them in the direction of the memo and the text highlighted in red above. Knowing DWP staff, it may well need to be even bigger than what I made it above...


      Originally posted by Dita View Post
      I am really worried and not sure what to do at the moment. I am looking for a job to support me and the kids but that won't be enough to cover all. Please find below the 3/4 page of the letter explaining why according ro them, I don't have the right for claiming...thank you
      As above, that's wrong because they are still referring to the criteria under EU rules and ignoring settled status.

      You could either start a new claim or appeal the previous decision. Each has its upsides and downsides. A new claim is quicker, simpler and easier, however, a successful appeal would mean getting money backdated to when you first made the claim they refused, provided you already had settled status at the time of making the claim.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Aw that is amazing, thank you sooo much..my heart feels much lighter now. I started my claim originally at the beginning of April and got the decision on the 30/4/17..I haven't had a settled status then...I applied against with the settled status sorted but they haven't taken this in consideration...I really hope so it will be ok this time...I will start a new claim today...my expartner is still supporting us thank god but getting very impatient now. I thank you so much for your help

        Comment


        • #5
          Originally posted by Dita View Post
          Aw that is amazing, thank you sooo much..my heart feels much lighter now. I started my claim originally at the beginning of April and got the decision on the 30/4/17..I haven't had a settled status then...
          Ah, in that case, the claim was not made with settled status, so it would be hard to make the point for backdating it.

          Originally posted by Dita View Post
          I applied against with the settled status sorted but they haven't taken this in consideration...
          That would be because the memo was only released in May, and they like playing silly buggers as much as they can, it has taken them a few years to finally acknowledge permanent residence, they were not even mentioning this at all in 2014-2016!

          Originally posted by Dita View Post
          I really hope so it will be ok this time...I will start a new claim today...my expartner is still supporting us thank god but getting very impatient now. I thank you so much for your help
          Best of luck and do keep us posted!

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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          • #6
            Hi

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            • #7
              Hi

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              • #8
                Dita Are you having trouble posting?

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  yes hello written twice a long post and it just vanished

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                  • #10
                    Originally posted by Dita View Post
                    yes hello written twice a long post and it just vanished
                    Not sure why that could be, sometimes it happens if you are on a mobile network and your phone loses the signal.

                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment


                    • #11
                      yes the signal seems to be really bad tonight..I will try again tomorrow..thank you for your fast response

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                      • #12
                        Hi everyone

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                        • #13
                          I am not sure why every time I write long message my phone does not sent it

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                          • #14
                            Originally posted by Dita View Post
                            I am not sure why every time I write long message my phone does not sent it
                            As above, if you lose the signal then this may happen. I would suggest selecting all and then choosing "Copy" before clicking "Post Reply", that way you will still have all the text you typed and can just paste it into a new response if it doesn't go through. That's what I often do.

                            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                            Comment


                            • #15
                              Hi all
                              I thought I will give an update to my situation...and ask some more advice please.
                              I did a new claim on 4/7 online. I did get an appoitment on the 12/7 and brought my passport and my settled status letter...still they decided to do full HRT...On 15/7 I got message on my journal that I failed the HRT and my claim is closed

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