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MARTINT330
MARTINT330,
Category: Republic of Ireland Law
Satisfied Customers: 1305
Experience:  Expert
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I have a dutch passport and my husband has pakistani

Customer Question

I have a dutch passport and my husband has pakistani passport, i am not working because of two kids under 2, my husband is doing uber eats and we both have presettled status in uk, and we applied universal credit, but it was rejected both times and we don’t know the reason it just says that you have failed the habitual residense test, kindly tell me the reason as we are unable to find it
Submitted: 21 days ago.
Category: Republic of Ireland Law
Expert:  MARTINT330 replied 20 days ago.

Hello, I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 20 days ago.

In most cases, you won't be able to claim benefits or get a council home if you failed the habitual residence test. You will get a letter saying why you've failed the test. There are four main things the letter might say:

  • you don't have a right to reside - this means you haven't shown you have a right to claim benefits in the UK

  • you're not a qualified person - this means you haven't shown you're working, looking for work, or have enough money to support yourself
  • you're not a family member of a qualified person - this means you haven't shown you're related to the person who's qualified, or you haven't shown they're a qualified person
  • you're a person who must be treated as not in Great Britain' or 'not habitually resident' - this means you haven't shown the UK, Ireland, Channel Islands or the Isle of Man is your home and you plan to stay

Expert:  MARTINT330 replied 20 days ago.

However, if you have pre-settled status you can apply for:

  • Personal Independence Payment
  • Disability Living Allowance
  • Attendance Allowance
  • Carer’s Allowance


If you think you have a right to reside, you need to get evidence to prove it.

Expert:  MARTINT330 replied 20 days ago.

Is there anything else I can help with today?

Expert:  MARTINT330 replied 20 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.