Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Universal Credit/HRT/ Tribunal

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
Cloverbea
Newbie
Posts: 31
Joined: Sun Sep 06, 2015 2:28 am

Universal Credit/HRT/ Tribunal

Post by Cloverbea » Thu Jul 11, 2019 6:18 pm

Ok, backstory. I am the us citizen married to a British citizen. Lived in Ireland from June 2016 to August 2017, got Family Permit for myself and children(us citizens). Came back to UK and FP expired January 2018. Waited until settlement scheme opened to apply for pre settled status. In April we changed from child/ working tax credits to universal credit due to being much better off on UC. British citizen has worked since returning to UK and I have worked since September 2018. I failed HRT as advised that I did not prove hubby and I were married(gave marriage cert) and that I was subject to immigration control( which I am not) I went for mandatory reconsideration(with tons more evidence) and the answer came back the same, I am subject to immigration control and can't prove that I have applied for permanent residence( which technically, I don't have to) I am in contact with my MP and need to give him an outline of this situation. I realize I do have to go through the HRT process but it seems stacked against me and now im facing tribunal and questioning treaty rights and what I actually have a right to anymore!

User avatar
Casa
Moderator
Posts: 24248
Joined: Wed Jul 23, 2008 2:32 pm

Re: Universal Credit/HRT/ Tribunal

Post by Casa » Thu Jul 11, 2019 7:14 pm

Under what circumstances do you believe you aren't subject to Immigration Control :?: You won't qualify for settled status (PR) until you have resided in the UK for 5 years.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
Moderator
Posts: 6840
Joined: Thu Feb 21, 2013 9:29 pm

Re: Universal Credit/HRT/ Tribunal

Post by secret.simon » Thu Jul 11, 2019 7:23 pm

Terms can mean different things in different contexts. On these forums, "Not subject to immigration control" typically means that you have ILR or PR in the UK, which you can't have, based on the history that you have listed above. It may mean something different in a DWP/Benefits context.

Keep in mind that the EU Settlement Scheme works differently from the EEA Regulations and comes under UK law, not EU law.

Also see Page 3 of the Commons Library Research Briefing about who is exempt from the Habitual Residence Test.
Commons Library Research Briefing: The Habitual Residence Test wrote:Those exempt from the test include:
• European Economic Area (EEA) nationals who are classed as ‘workers’ or ‘self-employed persons’ under EC Directive 2004/38/EC, and family members of such persons;
• EEA nationals with a permanent right of residence in the UK, and their family members;
Note that as your husband is a British citizen, neither condition would apply.

Are you applying for benefits in your name alone or in joint names with your British citizen spouse?

EDIT: Overtaken by Casa.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Cloverbea
Newbie
Posts: 31
Joined: Sun Sep 06, 2015 2:28 am

Re: Universal Credit/HRT/ Tribunal

Post by Cloverbea » Thu Jul 11, 2019 9:46 pm

I am the spouse of a British citizen who is exercising treaty rights by working. Surinder Singh route via Ireland with a 5 year residence card. I had an eea family permit which allows me to stay in the country and work and recourse to public funds, even with it being expired. I don't ever have to apply for a residence card if I don't want to as I am here legally. How would that make me subject to immigration control? I have sent off for pre settled status forms, so I am in the process of getting a settled status. I am definitely not trying to argue, this is just my understanding of my situation. I have had working and child tax credits in a joint claim with my husband, now uc has us a couple but only gives a single standard allowance as I failed HRT. Just looking for help.

User avatar
Casa
Moderator
Posts: 24248
Joined: Wed Jul 23, 2008 2:32 pm

Re: Universal Credit/HRT/ Tribunal

Post by Casa » Thu Jul 11, 2019 10:06 pm

https://www.housingsystems.co.uk/Univer ... led-Status

An extract from the link above:
But NOTE pre-settled status does NOT grant entitlement to Universal Credit. Amended reg 9 of UC regs 2013. They will need to acquire some other form of right to reside. Non EEA national family members who have had pre-settled status for 5 years - can normally apply for settled status
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Cloverbea
Newbie
Posts: 31
Joined: Sun Sep 06, 2015 2:28 am

Re: Universal Credit/HRT/ Tribunal

Post by Cloverbea » Thu Jul 11, 2019 10:29 pm

Ok, makes sense. I think I am trying to put all these terms together and have them fit to what I understand. DWP and immigration, two different things. I need to just let hubby continue with universal credit as it stands and then be added once I get settled status. Tax credits seemed so much easier :) thank you!

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Universal Credit/HRT/ Tribunal

Post by JB007 » Sat Jul 13, 2019 10:49 am

Cloverbea wrote:
Thu Jul 11, 2019 6:18 pm
n April we changed from child/ working tax credits to universal credit due to being much better off on UC.
About a third of benefit claimants are better off on Universal Credit than the Tax Credit benefit because UC is all about being better off working. About a third will be the the same and the other thirs will be worse off (unles they work) because the Welfare Reforms have ended end being better off on benefits/chosing benefits as lifestyle choise. But you should have read the rules or taken advice from the CAB, because the rules and requirements for Universal Credit are very different to the Tax Credit benefit.

Some of these welfare reforms are based around that billions each year is being given to those who are a foreign national , or who were a forign national when they came to the UK, and are then claiming the Tax Credit benefit - which is for those who do not keep themselves or their children.

Those who are naturally migrated onto Universal Credit: those who trigger a move to UC or choose to move to UC: do not have transitional protection from a cut in their benefit amount. Those who are managed migration: have their benefits stopped and then have to claim UC; do have transitionla protection, for a limited time.

Once a benefit claimant is on Univeral Credit, they cannot rerurn to the old (legacy benefits) that Universal Credit has replaced.

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Universal Credit/HRT/ Tribunal

Post by JB007 » Sat Jul 13, 2019 11:07 am

Cloverbea wrote:
Thu Jul 11, 2019 10:29 pm
I need to just let hubby continue with universal credit as it stands and then be added once I get settled status.
If you can still claim Universal Credit. Both parents are expected to earn a minimum amount (Minimum Income Floor) each month and it could be that your joint earnings are too much for low income benefits at some point.
Cloverbea wrote:
Thu Jul 11, 2019 10:29 pm
Tax credits seemed so much easier :)
The short lived Tax Credit benefit was extremely generous and allowed parents to live on benefits year after year. With Universal Credit, the Tax Credit benefit has now been brought in line with the other low income (means tested) benefit requirements.

Then all of these benefits have been brought in line with what jobseekers have to do for their benefits and to avoid a benefit sanction.

If a claimant does not earn their MIF, then they are subject to what jobseeker's presently have to do for their benefit money. Each parent has their own MIF, but the other parent can earn their MIF in additon to their own MIF, to avoid the Universal Credit conditions (that person being treated as a jobseeker).

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Universal Credit/HRT/ Tribunal

Post by JB007 » Sat Jul 13, 2019 1:35 pm

Cloverbea wrote:
Thu Jul 11, 2019 6:18 pm
I am the us citizen married to a British citizen. Lived in Ireland from June 2016 to August 2017, got Family Permit for myself and children(us citizens). Came back to UK and FP expired January 2018.
........
In April we changed from child/ working tax credits to universal credit due to being much better off on UC. British citizen has worked since returning to UK and I have worked since September 2018.
The fact you can't claim low income benefits from the UK aside, what made you think you would be better off claiming Universal Credit, instead of staying on the Tax Credit benefits as long as you could before you were moved to Universal Credit? If you are claiming benefits through Working Tax Credits, then you are earning less than about £18,000 between you a year. Unlike Tax Credit, Universal Credit has work requirements for both parents.

On Universal Credit, one parent must earn a minimum of 35 hours a week at the national hourly minimum wage to avoid UC conditions, NWW per hour is £8.21 at present but rises every April. Minimum Income Floor 35 x 8.21 = £14,942.20 pa

For the other parent, the carer parent, their MIF is based on the age of the youngest child and that starts for the parent when they are age 1.Say your youngest is age between 5 - 12, that MIF is 25 hours.
25 x £8.21 = £10,673.00 pa

£14,942.20 + £10,673 = £25,615.20 pa between you to avoid Universal Credit conditions. On the Working Tax Credit benefit, you are earning less tham £18,000 pa between you.

The hours required to work out the MIF for the "carer parent".
https://www.gov.uk/universal-credit/you ... sibilities

How you can have your benefits sanctioned.
https://www.moneyadviceservice.org.uk/e ... about-them

Post Reply
cron