Hanifullah Otmankhail FREEPOST DWP

Universal Credit Full

Service

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edit

Your Universal Credit claim Telephone: 0800 328 5644

Habitual residence test decision Textphone: 0800 328 1344

Dear Hanifullah Otmankhail 24 October 2023

We have decided that you have a right to reside and are Use your journal to
habitually resident in the UK as: contact us if you
have any questions.
Non-EEA - Limited leave to remain
You can also call us on
We will need to review this decision on 26/06/2024. the number above. To
How we made this decision speak to an agent in
Welsh, please call:
We have used all the information we have about you, 0800 328 1744.
including:
We have many
• information provided in your Universal Credit
different ways we
application
can communicate
• information provided during your habitual with you.
residence test interview
• any other information you have provided If you would like Braille,
British Sign Language, a
If you want a more detailed explanation of this decision, hearing loop,
or need more information, call us on 0800 328 5644. translations, large print,
audio or something else
What happens next please tell us using the
phone number at the
We will review your claim and then let you know if you top of this letter.
will get Universal Credit.

Please turn over

Universal Credit is operated by the Department for Work and Pensions

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Tell us about any changes

You must tell us straight away if there is a change in

your circumstances. For example, you need to tell us if
your work or earnings change.

Leave a message in your online journal to tell us about

changes.

If you give wrong or incomplete information or you do

not report changes straight away, you might be paid the
wrong amount. You will have to return any overpayment
when told to do so. You could also be prosecuted or
need to pay a financial penalty. If we pay you less
money than we should we may pay you more later,
including any arrears due.

Yours sincerely,

Universal Credit

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If you disagree with a decision

You can ask us to explain why

You, or someone who has the authority to act for you,

can phone us or use your journal to request a written
explanation. You will need to do this within one month
of the date of this letter.

You can also ask us to reconsider a decision

Tell us if you have more information, or if you think we

have overlooked something which might change the
decision. Do this within one month of the date on this
letter.

We will look at what you tell us and send you a letter to

tell you what we have decided, and why. We call this
letter a Mandatory Reconsideration Notice.

When you have done this you can appeal

If you disagree with the Mandatory Reconsideration

Notice, you can appeal to a tribunal.

You must wait for the Mandatory Reconsideration Notice

before you start an appeal.

Treating people fairly

We are committed to the Equality Act 2010 and treating
people fairly. To find out more about this law, search
‘Equality’ on www.gov.uk

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Calls to 0800 numbers are free from personal mobiles

and landlines.

Why DWP needs personal information and how we

treat it

We treat personal information carefully. We may use it

for any of our purposes. To learn more about information
rights and how we use information, please see our DWP
Personal Information Charter at
www.gov.uk/dwp/personal-information-charter

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 UCD357
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HRT category
Habitual Residency
EEA Jobseeker
Non EEA - Person Subject to
Immigration Control (PSIC)
Examples of individual rights
to reside issued by the Home
Office (list not exhaustive)
EEA - Indefinite leave to remain
EEA - Limited leave to remain
Non-EEA – Settlement
Non-EEA - Permanent right to
reside
Non-EEA - Indefinite leave to
remain
Non-EEA - Limited leave to remain
Non-EEA - Humanitarian
protection *
Non-EEA – Refugee *
British Citizen or national of the
Common Travel area (comprising
the United Kingdom, Ireland, the
Isle of Man, and the Channel
Islands. The British Overseas
Territories are not included)
Brief description
To be habitually resident in a country a person
must have actually taken up residence and lived
there for a period. It is not sufficient that the
person came to this country voluntarily and for
settled purposes.
They must be resident in fact for an appropriate
period of time which demonstrates that their
residence has become, and is likely to remain,
habitual in nature.
Certain rights to reside do not require a person
to be habitually resident to qualify (shown by *).
A person who is looking for work. For Universal
Credit purposes this does not count as a right
to reside.
A person who is not an EEA national and who
doesn’t have a Biometric Residence Permit or
Visa giving them a right to reside in the UK. Or,
they have a Biometric Residence Permit or Visa
but this is subject to the condition that they do
not have recourse to public funds or the Permit
or Visa was given as a result of a maintenance
undertaking.
(In some exceptional circumstances an EEA
national may have been granted leave to
remain before their country joined the EU, which
could still be relevant.)
These people have the right of abode in the UK
but they have to show they are actually
habitually resident, and intend to remain. This
would normally be a period of continual
residence between 1 and 3 months.
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EEA Permanent right to reside A person can get a permanent right to reside in
the UK if they can show that they have resided
here, as a qualified person, for a continuous
period of 5 years. This will be lost if they are
away from the UK for a period of 2 years. (There
are other circumstances that qualify permanent
right to reside that are outlined in Reg 15 of the
EEA regulations.)

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EEA Worker
EEA Self-employed person
EEA - Retained worker status
(looking for work)
EEA - Retained self-employed
status (ill health)
EEA - Retained worker status
(temp. incapacity)
EEA - Retained worker status
(maternity period)
EEA Retained Worker involuntarily A person who has stopped work (from 24 July
unemployed and embarked on
vocational training
EEA Retained Worker, voluntarily
unemployed
EEA - Self-sufficient
EEA – Student
A person currently doing genuine and effective
work.
A person who is currently doing genuine and
effective self-employed work.
A person who stopped working (from 24 July
2018 this also includes self-employed work)
involuntarily and can demonstrate that they
remained in the labour market.
A person who has stopped work or self-
employed work due to sickness or accident and
as a direct result cannot return to work yet.
A woman who gives up work due to the physical
constraints of the late stages of pregnancy
(within 11 weeks of the due date) can retain
their status as a worker provided they intend to
return to work within a reasonable period of
time (up to 41 weeks from when the baby was
born).
2018 this also includes self-employed work)
involuntarily and has started vocational training.
A person who stopped work (from 24 July 2018
this also includes self-employed work)
voluntarily to start vocational training linked to
their previous employment.
A person who has enough resources to not be a
burden on the State and has comprehensive
sickness insurance. Such a person would not
normally be entitled to Universal Credit but
periods where this right to reside is satisfied
could count towards determining a permanent
right to reside.
A person who is in full time education, has
enough resources to not be a burden on the
State and has comprehensive sickness
insurance. Such a person would not normally be
entitled to Universal Credit but periods where
this right to reside is satisfied could count
towards determining a permanent right to
reside.
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EEA - Worker or self-employed
person who has ceased activity
EEA - Family member of an EEA
national
EEA - Family member who has
retained the right of residence
EEA - Extended family member
EEA - Family member of British
Citizen
A person who has retired, has a permanent
incapacity or works in another member state,
whilst living in the UK, has a permanent right to
reside if they satisfy the conditions in Reg 5 of
the EEA Regulations.
A person who satisfies one of the conditions in
Reg 7 of the EEA Regulations would have the
same right to reside as the family member of an
EEA national. Any changes in the EEA national
family member’s circumstances must be
reported.
In some circumstances a person can derive a
right to reside from a family member who has
died or from whom they are divorced. The
relevant conditions are set out in Reg 10 of the
EEA Regulations.
A person who satisfies one of the conditions of
Reg 8 of the EEA Regulations and also holds
one of the following:
• a valid EEA family permit
• a valid registration certificate
• a valid residence card
This gives them the status of family member of
an EEA national and would have the same right
to reside as the EEA family member. Any
changes in the EEA national’s circumstances
must be reported.
The British Citizen and the claimant must have
lived together in another EEA country and the
other conditions in Reg 9 of the EEA Regulations
must be satisfied. Any changes in the British
Citizen’s or family member’s circumstances
must be reported.
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Primary carer of a child in
education
Non-EEA - Family member of an
EEA national
Non-EEA /EEA - Primary carer of a
British National child in education
A person can have a derivative right to reside, if
they do not have any other right to reside
(whether that entitles them to benefit or not)
and are the primary carer, or joint primary
carer, of a child in general education, providing
that one of the child’s parents is an EEA national
who has resided in the UK as a worker since the
child came to live in the UK. There is no
requirement for the worker to be part of the
family unit but the work must be genuine and
effective.
If the child is a British Citizen this does not
count as a right to reside for Universal Credit
purposes.
A derivative right to reside does not go towards
the 5 continuous years required to acquire a
permanent right to reside.
A person who satisfies one of the conditions in
Reg 7 of the EEA Regulations which allows them
to be treated as the family member of an EEA
national. They would have the same right to
reside as the EEA national family member. A
non-EEA national would normally hold a valid
residence card confirming they are a family
member - but as long as they can demonstrate
they are a family member the card is not
essential. Any changes in the EEA national
family member’s circumstances must be
reported.
A person who is the primary carer of a British
national child in general education can get a
derivative right to reside, but for benefit
purposes this does not count as a right to
reside.
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