RTR - am I missing something?

Apologies all round, as this appears very straightforward, but we don’t get many RTRs and ....

Sinlge man (Polish) has been refused ESA(IR) on basis he does not have RTR. There is issue about NI based ESA but I am still piecing together his P60s and P45s to see if that can be challenged. He has had to claim ESA as he is awaiting an operation on his back.

He worked, with a Workers Registration Scheme certificate, from 20/6/2005 to 16/8/2006. From then till January 2012 he worked for a variety of employers ( I have seen one other WRS certificate so far but haven’t found the end date for that employment. He also claimed JSA at soem points as well.

Has he not lived legally in the UK for 5 years and therefore should satisfy RTR? ot does he have to show certificates for all his different employments?

Thanks

Brian

OK- I’ll have an attempt:

Potentially, yes- client has a permanent right of residence. It’s all going to depend on his work/work seeking history. Any jobs prior to 1/5/11 would have had to be registered to count so it’s going to be crucial to establish start & end dates, etc, along with confirmation of any jobseeking periods. If there are significant gaps/periods he was not a registered worker it’s going to be more difficult both to establish he has a permanent right of residence or, alternatively, that he is former worker in a period of temporary incapacity (a significant gap is likely to result in him having lost his worker status).

In my experience, Wick routinely issue negative decisions in cases like these and you really are going to need chapter & verse and evidence it in order to successfully challenge. Short term, especially if it’s a bit murky in relation to an ultimately successful outcome, the client may well be best placed to claim JSA and limit his availability.

sovietleader - 22 January 2013 05:32 PM

Has he not lived legally in the UK for 5 years and therefore should satisfy RTR? ot does he have to show certificates for all his different employments?

To keep it simple:

From the details you have posted, it seems he has lived legally in the UK for 5 years, also as he has WRS certs for the first 12 months he would no longer need to register and would have a permanent r2r. Have there been any breaks in employment that could mean he did not retain his “worker” status during this period?

In periods he is registered as unemployed with the relevant office this still means he retains the status. Periods not registered MAY mean he does not retain the status and there would be a break in the 5 year period.

Thank you both for your posts. I have a bag of wage slips, P45s and various documents so I will pour through them. He was actually paid NI based ESA initially but they are now, without any explanation, saying it was wrong - i.e. all they are saying is that HMRC records show he didn’t satisfy NI rules but they can’t say why they thought he did in the first place.

He can’t claim JSA as his back is in a sufficiently bad way that he cannot get out of the flat at the moment and walk to the jobcentre. He can’t get a taxi as he isn’t getting any money (his housing benefit is being paid direct to the landlord)

edit.

I take it all back! Missed the last post.