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UC pre setttled status

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  • ONGOING UC pre setttled status

    I just got the decision that I failed the habitual residency test and wonder how to go about this any further. My local citizen advice bureau doesn’t take on any further cases in the moment.

    I came here in June 2018 when my daughter was 3 weeks old and got pre-settled status. I have been unable to work in the UK due to the childcare costs so far (daughter turned 3 last month) and I am currently 23 weeks pregnant and due in mid October, we rely on my partners (British citizen, not married) income and my savings that won’t last much longer.
    based on the fact that I never worked in the UK, can’t look for work due to the lack of childcare, and I am also healthy, I have been refused Universal credit. I am aware there is currently a court case going on regarding pre settled status and UC and I have been told to ask UC to reconsider their decision and to put the claim
    in hold until the court decision is clear but I am not sure as to how.

    i am a bit flabbergasted that there is apparently no support for someone in my situation at all. I would be more than happy to go to the Jobcenter to look for work (but obviously couldn’t take any on due to the lack of childcare) If that would help my case with the DWP.

    I would be very grateful for any advice as how to go forward with this,
    Hanna

  • #2
    Originally posted by HNJ388 View Post
    I just got the decision that I failed the habitual residency test and wonder how to go about this any further. My local citizen advice bureau doesn’t take on any further cases in the moment.

    I came here in June 2018 when my daughter was 3 weeks old and got pre-settled status. I have been unable to work in the UK due to the childcare costs so far (daughter turned 3 last month) and I am currently 23 weeks pregnant and due in mid October, we rely on my partners (British citizen, not married) income and my savings that won’t last much longer.
    based on the fact that I never worked in the UK, can’t look for work due to the lack of childcare, and I am also healthy, I have been refused Universal credit. I am aware there is currently a court case going on regarding pre settled status and UC and I have been told to ask UC to reconsider their decision and to put the claim
    in hold until the court decision is clear but I am not sure as to how.

    i am a bit flabbergasted that there is apparently no support for someone in my situation at all. I would be more than happy to go to the Jobcenter to look for work (but obviously couldn’t take any on due to the lack of childcare) If that would help my case with the DWP.

    I would be very grateful for any advice as how to go forward with this,
    Hanna
    Afternoon,

    You may want to refer to this document: Fratila advice for claimants.

    Although the document doesn't show page numbering, on page 5 you will find:

    If the decision refusing benefit has not yet been challenged and was made within the last 13 months (or for tax credits 30 days plus 12 months), they should immediately apply for a “revision” of the decision (i.e. a “mandatory reconsideration”).
    • They can do this over the phone, in writing or, if the benefit is universal credit, by posting a note on their online journal (if they have no online journal as their claim was refused and they have not reclaimed they can make a new claim and then when the new journal is created make an entry on this requesting a mandatory reconsideration of the decision refusing their previous claim.
    • Where the decision being challenged was made over 1 month ago but still within the last 13 months then the mandatory reconsideration note should explain why they could not bring the application earlier: one reason might be that it was only the result in this case which made them aware that they could do so.
    • It is important that if the claimant also has an alternative qualifying right to reside they additionally refer to this in any mandatory reconsideration request.
    If the claimant has sought a mandatory reconsideration and it has been refused and the claimant has not yet appealed to the First-tier Tribunal then they should immediately appeal against the decision. The ground of appeal can be simply that the decision was wrong as at the time it was made they had pre-settled status which Fratila shows was a sufficient right to reside for them to obtain benefit.


    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
      Aron F (lawyer) Would you have any further suggestions?

      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
        Aron F Are you able to comment on this?

        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


        • #5
          Aron F Are you able to comment on this?

          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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


          • #6
            @HNJ388
            Unfortunately, the lawyer we have tagged has been unable to provide further suggestions. I am removing the 'lawyer input' prefix - Do let us know if we can help with anything else. Best wishes,

            I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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

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