Universal Credit denied depite having PR

[rs315]

Good morning all. I deperatly need some help and advice.


I applied for UC last week, but today it was closed. Citing that I was not an habitual resident, because my residence card was granted on the basis that I remain in work or self sufficient.

I received my PR on the basis of ROR. In the letter it stated that my right to reside remains subject to being either employed, self-employed or self-sufficient. It then went further to state that I have PR which was acquired on 15 December 2013.

I have already rang them to request a mandatory reconsideration, as I believe that PR does not require me to be employed or self sufficient. I believe because my application was based on ROR the case worker might have just added this stipulation.

I've never heard of PR card being issued on the basis that an individual should remain in work or self sufficient. I believe that PR gives me the rights to benefits as it would do someone with ILR or a British citizen.

My question is, am I definately not allowed public funds/assistance and how do I challenge the DWP 's acertion?

I have advised them to contact the home office to seek guidance, but who knows????

I will most certainly be applying for BC as soon as I have the funds to do so

[rs315]

So for an update, I have emailed the case worker and requested that he clarify whether or not my PR card was issued on the basis that I remain a qualified person (employed, self-employed or self-sufficient). I plan on contacting my MP as well.

I would still like feedback from members and moderators of this informed forum, so please give your valued input and suggestions.

I have two children an 11 year old and a 1 year old and could do with the help of benefits while I am looking for work. Im also concerned about not getting help with childcare cost as this could mean that I may have to be out of work longer.

[rs315]

Good evening all,

Does anyone have anything to offer on the above post. It would be much appreciated.

Thanks

[rs315]

Good morning everyone,

Just a quick update. I received a letter from the caseworker this morning, reporting that the wording of the letter was due to an administration error and as I have acquired PR the conditions attached to ROR does not apply to me. He also gave me a revised version of the initial letter excluding the conditions.

I will update once I have received an outcome regarding UC.

[Astro-south]

Hello rs315,

Sorry for posting here.I've read on another thread that you applied and got your PR with an expired RC like me, you mentioned that you had help to create a good covering letter leaving no room for the HO to deny your request.
I'm about to apply for PR with a RC expired in 2015 and your help would be much appreciated.
Sorry to the moderators for posting here but I don't yet have permission to PM members and I'm in desperate need for advice...

[rs315]

Hi Astro-south,

Yes, I stuctured my cover letter based on info that I collated from this forum. My card expired in 2014 and my divorce was finalised that year. I was a worker in my own right as well as a student.

My final year was the only year I had CSI because I had a baby and was no longer working and so quoted St. Prix case law.

I don't know on what basis you are applying for PR, but go through your history and draft a cover letter accordingly.

Please note that if you are a family member through marriage, the expiration of your RC does not matter with regards to you being in the UK and your acquisition of PR.