Having ILR and claiming JSA

[fantastico]

Hi Everyone,

First, please accept my apologies in advance for asking the questions I'm about to ask, but unfortunately I find myself in a very awkward situation and have nobody else to turn to.

Some background info would be good before asking any questions, so here is my history in summary form:
1. In Dec 1994 (I was 11 at the time) my mother claimed asylum in the UK.
2. When the asylum claim was made I was a dependant. Luckily my mother was allowed to work and I was sent to school.
3. On 4 May 2006, the asylum case was decided resulting in my mother and myself being granted Indefinite Leave to Remain with no restrictions.
4. In 2012 we applied for Naturalisation but only my mother's application was approved while mine was declined. The reason it was declined? About a year earlier I was found guilty of using a mobile phone while in charge of a motor vehicle (offence code CU80) at Hendon Magistrates Court, which also got me a hefty fine and 6 points on my licence.
5.Started working part-time in 1998 while doing my A-Levels. Didn’t go to University because I was classed as a foreign student (being a refugee and not a British Citizen), and told to pay foreign students fees which I couldn’t afford, so went into full time employment instead in 2000.
6. From 2000 to 2007, I was in part-time then full time employment, when in 2007 I was made redundant. Started my own business and from 2007 to 2017 I was technically self-employed, running what is known as an SME.
7. In May 2017, a contractual dispute left me in a precarious position financially and I had no choice but to cease trading. A case similar to that of Carillion Plc.
8. Started civil proceedings at the County Court to have a judge resolve the dispute. The case is still pending.
9. Paid all my (now former) staff and for legal proceedings out of my own pocket before pulling the plug on the business.
10. By 15th Nov 2017 I found myself completely broke and unemployed, with no income or savings and decided to seek help, so claimed JSA. For the first time since first setting foot here all those years ago did I find myself in a situation like this.
11. A week later I was invited for an interview at my local Job Centre where I was informed I had to do an HRT (Habitual Residence Test) before any money would come my way due to the simple fact I was not a British Citizen.
12. Three weeks after I first claimed JSA, I was sent a letter informing me that I also had to attend a GPOW (Genuine Prospect of Work) interview which is set for the 15th February 2018. Apparently, this is when the DWP like to stop JSA for migrants like myself.

Considering I spent 19 years working, not being a burden on anyone (except my mother and a few friends & girlfriends), paying whatever the HMRC have demanded when they have demanded it, it seems a bit nasty being treated this way now. Hence, I have the following few questions:

1. Am I entitled to claim JSA for longer than 92 days considering I have ILR with no restrictions?
2. Can I claim CTR (Council Tax Reduction) as well?
3. Can I claim something else like Universal Credit?

Please accept my apologies if these questions seem daft, but this is truly the first time I have ever claimed JSA (or anything else from the government). Any help would be greatly appreciated and any regulation/legislation which I can throw at the DWP in support of my case would be of great help too. Let me know if you need more info.

Thank you in advance

[CMOSUK]

Hi Everyone,

First, please accept my apologies in advance for asking the questions I'm about to ask, but unfortunately I find myself in a very awkward situation and have nobody else to turn to.

Some background info would be good before asking any questions, so here is my history in summary form:
1. In Dec 1994 (I was 11 at the time) my mother claimed asylum in the UK.
2. When the asylum claim was made I was a dependant. Luckily my mother was allowed to work and I was sent to school.
3. On 4 May 2006, the asylum case was decided resulting in my mother and myself being granted Indefinite Leave to Remain with no restrictions.
4. In 2012 we applied for Naturalisation but only my mother's application was approved while mine was declined. The reason it was declined? About a year earlier I was found guilty of using a mobile phone while in charge of a motor vehicle (offence code CU80) at Hendon Magistrates Court, which also got me a hefty fine and 6 points on my licence.
5.Started working part-time in 1998 while doing my A-Levels. Didn’t go to University because I was classed as a foreign student (being a refugee and not a British Citizen), and told to pay foreign students fees which I couldn’t afford, so went into full time employment instead in 2000.
6. From 2000 to 2007, I was in part-time then full time employment, when in 2007 I was made redundant. Started my own business and from 2007 to 2017 I was technically self-employed, running what is known as an SME.
7. In May 2017, a contractual dispute left me in a precarious position financially and I had no choice but to cease trading. A case similar to that of Carillion Plc.
8. Started civil proceedings at the County Court to have a judge resolve the dispute. The case is still pending.
9. Paid all my (now former) staff and for legal proceedings out of my own pocket before pulling the plug on the business.
10. By 15th Nov 2017 I found myself completely broke and unemployed, with no income or savings and decided to seek help, so claimed JSA. For the first time since first setting foot here all those years ago did I find myself in a situation like this.
11. A week later I was invited for an interview at my local Job Centre where I was informed I had to do an HRT (Habitual Residence Test) before any money would come my way due to the simple fact I was not a British Citizen.
12. Three weeks after I first claimed JSA, I was sent a letter informing me that I also had to attend a GPOW (Genuine Prospect of Work) interview which is set for the 15th February 2018. Apparently, this is when the DWP like to stop JSA for migrants like myself.

Considering I spent 19 years working, not being a burden on anyone (except my mother and a few friends & girlfriends), paying whatever the HMRC have demanded when they have demanded it, it seems a bit nasty being treated this way now. Hence, I have the following few questions:

1. Am I entitled to claim JSA for longer than 92 days considering I have ILR with no restrictions?
2. Can I claim CTR (Council Tax Reduction) as well?
3. Can I claim something else like Universal Credit?

Please accept my apologies if these questions seem daft, but this is truly the first time I have ever claimed JSA (or anything else from the government). Any help would be greatly appreciated and any regulation/legislation which I can throw at the DWP in support of my case would be of great help too. Let me know if you need more info.

Thank you in advance

Hi,

As you have indefinite-leave-to-remain your are longer under immigration control and yes you can claim benefits that you may be entitled to.

Although you are not a British Citizen until you naturalise, you may be required to do a habitatual residencey test to establish whether you are habitatualy resident in the common travel area, being, England, Scotland, The Republic of Ireland, Wales.

It is to prove in some sense that you intend to live in the UK permanently for the foreseeable future and you also must be resident for a period of time in order to pass the test.

This is a test that is normally required from those that are or hold the following visa types:

EEA nationals
Indefinite-leave-to-remain
Discretionary leave to remain(with out recourse to public funds condition)
Leave to remain. (without recourse to public funds condition)


Please see these links for more info.

Click here

Click here

Click here

I hope this should help a little to understand.

[fantastico]

Thank you for the prompt response.

Would anyone else like to add anything?