I have a client who left the UK to get married in Turkey to a Turkish man in September 2008. Client returned to the UK June 2009 alone but not separated from husband and he is still in Turkey. She made a claim for JSA. JSA was refused due to her failing the Habitual Residence Test. Reason for client returning to the UK was that she could not cope with the weather- missing the rain I presume.

DWP are arguing that as she left the UK to settle in Turkey she lost her habitual residence. Evidence suggests that client had no intention to return to the UK in that she gave up her tenancy, closed her bank accounts etc; however client advising me that she did not intend to stay in Turkey and her husband will be coming to the UK to stay. This being the case, I’m thinking that the best grounds for appeal would have to be that she retains her right to reside as her move was not permanent.

Any similar cases anyone has come across?

Thanks

don't muddle right to reside with habitual residence.

i assume from what you say she is a citizen of uk etc; that gives her right to reside.

habitual residence is a quesiton of fact, which has been discussed several times, and it seems from what you say that she WAS habitually resident here until she married; then became habitually resident in turkey; and is now habitually resident here again.

search forum for previous threads

i reckon your client should be ok - and of course, the longer she's back here, the more habitually resident here she is. how long as she been back?

Yes she a UK citizen.

The period in question about whether she is habitual resident is from 9 June 09 to 22 June 09.