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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

JSA Proof of right to reside in the UK Jamican Born lived here since 1965.

JustineDocherty
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Coventry University Advice Centre

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Total Posts: 3

Joined: 11 March 2011

Our client has lived here since 1965 came from Jamaica aged 9 with his family.  His mother was here pre1962 and father in 1965.  They had right to reside.

Client has claimed JSA for over 10 years, following an accident went on ESA for 1 year and on returning his claim to JSA Specialist Decision Makers have asked that he prove his right to reside in the UK.

He has nothing that evidences this.  Never had a passport doesn’t have parents documents and no work history.  They have said that without this information they will make a formal decision to not pay benefit.

We are going to appeal the decision but would like guidance if anyone has dealt with this issue in the past?

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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As a starting point to try and get verifying documentation as to his place of birth and nationality you could try contacting the Jamaican High Commission to see if they could help.  As to length of residence what about school records, registration with a G.P. or NHS registration card.  As to unbroken residence the tribunal will just have to take his word (or not) for that.  He could have a right of abode under section 2 of the Immigration Act 1971 as a commonwealth citizen and, therefore, a right to reside.

JustineDocherty
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Coventry University Advice Centre

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Total Posts: 3

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He does have right to reside under the 1971 act.
Thanks for your help!