Habitual Residence Test...??
#1
Forum Regular
Thread Starter
Joined: Sep 2008
Location: San Diego, CA
Posts: 113
Habitual Residence Test...??
Well I've been back here a week tomorrow, and so far so good....!
- Registering son for school (even though schools are all full), will see how that goes.
- starting claim for child benefit
- registering at agencies for work and visted job centre today...I have to call a number to do a test online (HRT) to see if I qualify for Job seekers allowance (I just want to get a job, but nice that they will offer me that too while looking!). However, have heard that if been out of country for 2 years (been out for 20 in US), that I might not get the benefit....I was back 3 years ago which is when I registered at a local doctors office as we were staying here for 3 years....I know lying is wrong, but could I use that date as when we arrived? But obviously won't show evidence of work, no claim for child benefit, or son not in school and living with parents, although no record on council tax....guess answered my own question that it would probably be NO!
Any ways I can get around HRT - I already have set bank account up today, and my intention is to stay here....
thanks!
- Registering son for school (even though schools are all full), will see how that goes.
- starting claim for child benefit
- registering at agencies for work and visted job centre today...I have to call a number to do a test online (HRT) to see if I qualify for Job seekers allowance (I just want to get a job, but nice that they will offer me that too while looking!). However, have heard that if been out of country for 2 years (been out for 20 in US), that I might not get the benefit....I was back 3 years ago which is when I registered at a local doctors office as we were staying here for 3 years....I know lying is wrong, but could I use that date as when we arrived? But obviously won't show evidence of work, no claim for child benefit, or son not in school and living with parents, although no record on council tax....guess answered my own question that it would probably be NO!
Any ways I can get around HRT - I already have set bank account up today, and my intention is to stay here....
thanks!
#2
Re: Habitual Residence Test...??
Yes you answered your own question. There are a few other threads here on this.
Two things to focus on....what have you severed in the USA and what have you got in the UK to suggest residency?
Did you sell a home or end a lease in the US? Closed bank accounts there? Get to UK on one way tickets?
In the UK, what's your accommodation or if none yet what are the plans? You already mentioned other things so you're on the right track.
There have been guidelines issued that are supposed to make it easier for Brits returning to the UK to pass the HRT. It's not always as straightforward though...sometime due to uninformed staff, sometimes staff have been misled and become suspicious, sometimes people leave too much room for doubt. "I have come back from (name of country) to take up residence but if I can't get a job, I'll probably go back to (name of country) again."
Your previous spell could help thus....we came back before but we weren't sure about staying then...so we didn't apply for anything, didn't register kids at school etc but this time we are sure (perhaps that was a bit of a reccie last time?) hence we have registered the kids for school, gone to agencies..that sort of stuff.
Two things to focus on....what have you severed in the USA and what have you got in the UK to suggest residency?
Did you sell a home or end a lease in the US? Closed bank accounts there? Get to UK on one way tickets?
In the UK, what's your accommodation or if none yet what are the plans? You already mentioned other things so you're on the right track.
There have been guidelines issued that are supposed to make it easier for Brits returning to the UK to pass the HRT. It's not always as straightforward though...sometime due to uninformed staff, sometimes staff have been misled and become suspicious, sometimes people leave too much room for doubt. "I have come back from (name of country) to take up residence but if I can't get a job, I'll probably go back to (name of country) again."
Your previous spell could help thus....we came back before but we weren't sure about staying then...so we didn't apply for anything, didn't register kids at school etc but this time we are sure (perhaps that was a bit of a reccie last time?) hence we have registered the kids for school, gone to agencies..that sort of stuff.
#3
Re: Habitual Residence Test...??
Well I've been back here a week tomorrow, and so far so good....!
- Registering son for school (even though schools are all full), will see how that goes.
- starting claim for child benefit
- registering at agencies for work and visted job centre today...I have to call a number to do a test online (HRT) to see if I qualify for Job seekers allowance (I just want to get a job, but nice that they will offer me that too while looking!). However, have heard that if been out of country for 2 years (been out for 20 in US), that I might not get the benefit....I was back 3 years ago which is when I registered at a local doctors office as we were staying here for 3 years....I know lying is wrong, but could I use that date as when we arrived? But obviously won't show evidence of work, no claim for child benefit, or son not in school and living with parents, although no record on council tax....guess answered my own question that it would probably be NO!
Any ways I can get around HRT - I already have set bank account up today, and my intention is to stay here....
thanks!
- Registering son for school (even though schools are all full), will see how that goes.
- starting claim for child benefit
- registering at agencies for work and visted job centre today...I have to call a number to do a test online (HRT) to see if I qualify for Job seekers allowance (I just want to get a job, but nice that they will offer me that too while looking!). However, have heard that if been out of country for 2 years (been out for 20 in US), that I might not get the benefit....I was back 3 years ago which is when I registered at a local doctors office as we were staying here for 3 years....I know lying is wrong, but could I use that date as when we arrived? But obviously won't show evidence of work, no claim for child benefit, or son not in school and living with parents, although no record on council tax....guess answered my own question that it would probably be NO!
Any ways I can get around HRT - I already have set bank account up today, and my intention is to stay here....
thanks!
I think you already know the answer.
#4
Joined: Feb 2002
Posts: 6,848
Re: Habitual Residence Test...??
I used to work at the Unemployment Benefit Office many years ago....but unless the procedures have changed drastically you won't be eligible for Jobseeker's Allowance as it's based on your Class 1 National Insurance contributions in the two tax years before making a claim. You weren't in the UK so you wouldn't have been making Class 1 contributions. On the other hand, if you have little/no savings and you and your partner have no income, then your claim would be for Income Support.
However, I knew that some people (admittedly mainly women with no children or grown up children and a spouse or partner financially supporting them) chose to 'sign on' every fortnight purely for National Insurance credits to go towards their pension. They would then also be eligible after 6 months (it might have changed by now) to go on the retraining courses offered by the JobCentre. If you will be getting Child Benefit you will probably be automatically be getting pension credits (it depends on who is named as the main beneficiary on the application for CHB) and your choice as to whether or not to 'sign on' every fortnight.
As you can imagine, all governments like to keep people off the unemployment statistics, so you may need to press your point if you want to voluntarily 'sign on' for NI credits or/and to be eligible to go on the retraining courses etc.
(Please note that my info may be out of date, you need to read the 'stickies' and see the links at the top of this forum for the latest govt. info in regards to govt. benefit rules).
However, I knew that some people (admittedly mainly women with no children or grown up children and a spouse or partner financially supporting them) chose to 'sign on' every fortnight purely for National Insurance credits to go towards their pension. They would then also be eligible after 6 months (it might have changed by now) to go on the retraining courses offered by the JobCentre. If you will be getting Child Benefit you will probably be automatically be getting pension credits (it depends on who is named as the main beneficiary on the application for CHB) and your choice as to whether or not to 'sign on' every fortnight.
As you can imagine, all governments like to keep people off the unemployment statistics, so you may need to press your point if you want to voluntarily 'sign on' for NI credits or/and to be eligible to go on the retraining courses etc.
(Please note that my info may be out of date, you need to read the 'stickies' and see the links at the top of this forum for the latest govt. info in regards to govt. benefit rules).
#5
Re: Habitual Residence Test...??
I used to work at the Unemployment Benefit Office many years ago....but unless the procedures have changed drastically you won't be eligible for Jobseeker's Allowance as it's based on your Class 1 National Insurance contributions in the two tax years before making a claim. You weren't in the UK so you wouldn't have been making Class 1 contributions. On the other hand, if you have little/no savings and you and your partner have no income, then your claim would be for Income Support.
I'm assuming the OP has already looked at that aspect. The HRT also applies for Income Support so as long as she's available and looking it doesn't make much difference anyway...and she seems to be someone wanting to work rather than just claim Income Support. JSA 'income based' will do the job just as well...especially if she is a lone parent as the Job Centre staff will bend over backwards to help. There are "bonus points" for them IRO targets.
#6
Re: Habitual Residence Test...??
I've read around about this also and am confused on a couple of points - if both partners are unemployed, do they both draw Jobseekers or does only one of them (because of the "married" rate)?
#7
Re: Habitual Residence Test...??
They can both apply for the contributions version. They'll both get it if they meet the contributions conditions. If it's the income based version, just one will get the couple rate plus anything else that applies.
There are actually rules about "joint claims" where both are expected to look for work - there are, of course, exceptions.
There are actually rules about "joint claims" where both are expected to look for work - there are, of course, exceptions.
#8
Re: Habitual Residence Test...??
They can both apply for the contributions version. They'll both get it if they meet the contributions conditions. If it's the income based version, just one will get the couple rate plus anything else that applies.
There are actually rules about "joint claims" where both are expected to look for work - there are, of course, exceptions.
There are actually rules about "joint claims" where both are expected to look for work - there are, of course, exceptions.
I see it's more complicated than in the US.
*moving on so as not to derail the thread*