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Habitual Residence Test - Immigration Status
Hi,
I’ve got a couple who have made a claim for UC - one is British and one is Spanish nationality who has lived in the UK for a long time (has a UK NI No).
When they made the claim it was awarded only as a single person claim as her partner failed the HRT. I’m told that he never applied, or even thought he had to apply for the EUSS for pre-settled status. He was a joint claimant of her legacy benefits (CTC).
I’ve never dealt with HRT before so its not my area of expertise - am I able to advise them on what to do and submit an appeal with additional evidence or do they now need specialist immigration advice?
Any help is greatly appreciated.
He needs to make a late application for settled status, you cannot advise or assist with making that application as it is regulated immigration advice (although obviously you can tell him about this and point him towards here https://www.gov.uk/settled-status-eu-citizens-families/eligibility)
Details of where he can get help here https://www.gov.uk/help-eu-settlement-scheme
Hi
I would say he needs immigration advice as urgently needs to make a late application for EUSS ( if possible, needs to be reasonable grounds for late application).
Technically he is a person who needs immigration leave and does not have it, and in theory Home Office can take action.
Hi
I would say he needs immigration advice as urgently needs to make a late application for EUSS ( if possible, needs to be reasonable grounds for late application).
Technically he is a person who needs immigration leave and does not have it, and in theory Home Office can take action.
We’ve been told that as long as he makes the application immediately, he should be OK whilst it’s being processed. Of course, that doesn’t mean he can access benefits whilst that is going on, but starting the application process offers some protection regards to rights to be in the UK.
He does need to be aware though that the Home Office do appear to be taking a much harder line on late applications now and he will need to respond promptly with evidence if required, in particular about why he’s making the application so late.