We provide quality welfare benefits training and consultancy based on legal rights.
Helen Davies
family reunion and habitual residence - Tue, 20/06/2023 - 21:49
I just had two questions which I was hoping you might be able to help me with.
Where would I find information regarding what documents/information people are legally required to show when attending their first interview at the job centre after initially submitting their claim? Often our service users get asked to produce their biometric residency permit (BRP card) which is not always possible. Home Office delays often mean our service users have to wait weeks or even months before they can collect their BRP cards, which in turn, prevents their universal credit claim from progressing. As we have had some service users who have been able to claim UC without showing their BRP card, I am wondering whether people are actually legally required to produce it, or whether this decision is being made on a case-by-case basis/guidelines are being interpreted differently by different job centres. Thus, any information you could provide regarding where I could find this information would be much appreciated. Any information regarding acceptable exceptions to the normal rules would also be really helpful.
I mentioned in the training that I don't think refugee family reunion members are specifically mentioned in law as being exempt from having to take a habitual residency test. This is the legislation I was referring to.
However, I was just wondering if you knew of anywhere else which may provide more detailed information on this topic. Most of our service users who are refugee family reunion members are able to apply for UC as soon as they arrive. However, the odd person gets their claim rejected after receiving a letter stating they have failed to prove they are habitually resident. It would thus be great to have more specific information (e.g. any job centre guidelines which are publicly available perhaps?) which outline how universal credit legislation surrounding the habitual residency test should be applied in practice to refugee family reunion members, so that we can use that when helping our service users request a mandatory reconsideration.
I just had two questions which I was hoping you might be able to help me with.
(https://www.legislation.govuk/uksi/2013/376/regulation/9)
However, I was just wondering if you knew of anywhere else which may provide more detailed information on this topic. Most of our service users who are refugee family reunion members are able to apply for UC as soon as they arrive. However, the odd person gets their claim rejected after receiving a letter stating they have failed to prove they are habitually resident. It would thus be great to have more specific information (e.g. any job centre guidelines which are publicly available perhaps?) which outline how universal credit legislation surrounding the habitual residency test should be applied in practice to refugee family reunion members, so that we can use that when helping our service users request a mandatory reconsideration.