22 MAY 2020

Dear Kiril Angelov

If you disagree with a decision

You can ask us to explain why

You, or someone who has the authority to act
for you, can call 0800 328 5644 or use your
✁✂✄☎✆✝ ✞✁ ✄✟✠✂✟✡✞ ✆ ☛✄☞✞✞✟☎ ✟✌✍✝✆☎✆✞☞✁☎✎ ✏✁✂✑ ll

need to do this within 1 month of the date of

this letter.

You can also ask us to reconsider a

decision
✒✟✝✝ ✂✡ ☞✓ ✔✁✂ ✞✕☞☎✖ ☛✟✑✗✟ ✁✗✟✄✝✁✁✖✟✘✙ ✁✄

✔✁✂✑✗✟ ✚✁✄✟✙ ☞☎✓✁✄✚✆✞☞✁☎ ✞✕✆✞ ✆✓✓✟✛✞✡ ✞✕✟

decision. Do this within 1 month of the date

on this letter.
Wh✟☎ ☛✟✑✗✟ ✝✁✁✖✟✘ ✆✞ ☛✕✆✞ ✔✁✂✑✗✟ ✞✁✝✘ ✂✡✙
☛✟✑✝✝ ✡✟☎✘ ✔✁✂ ✆ ✝✟✞✞✟✄ ✞✁ ✞✟✝✝ ✔✁✂ ☛✕✆✞ ☛✟✑✗✟

decided and why. We call this letter a

✜✢✆☎✘✆✞✁✄✔ ✣✟✛✁☎✡☞✘✟✄✆✞☞✁☎ ✤✁✞☞✛✟✑✎

✥✦✧★ ✩✪✫✬✭✧ ✮✪★✧ ✯✦✰✱ ✩✪✫ ✲✳★ ✳✴✴✧✳✵

If you disagree with the Mandatory

Reconsideration Notice, you can appeal to a
tribunal.
✏✁✂ ✚✂✡✞ ☛✆☞✞ ✓✁✄ ✞✕✟ ✜✢✆☎✘✆✞✁✄✔

✣✟✛✁☎✡☞✘✟✄✆✞☞✁☎ ✤✁✞☞✛✟✑ ✶✟✓✁✄✟ ✔✁✂ ✡✞✆✄✞ ✆☎

appeal.

Equality and Diversity

We are committed to treating people fairly,

regardless of their disability, ethnicity, gender,
sexual orientation, transgender status, marital
or civil partnership status, age, religion or
beliefs. Please contact us if you have any
concerns.

Call Charges

Calls to 0800 numbers are free from landlines

and mobiles.

UCD355
Universal Credit is operated by the Department for Work and Pensions Page 2 of 6
How we make our decision

We use all the information and evidence we have about your circumstances, to decide if you
have the right to reside in the UK as a qualifying person for the purpose of being awarded
Universal Credit.

What we check

The following list gives a summary of what we check for. We only look at the parts relevant
to your circumstances.

Please see the rights to reside we have considered when making our decision.

EEA stands for European Economic Area.

HRT category Brief description

Habitual Residency To be habitually resident in a country a person must

have actually taken up residence and lived there for
a period. It is not sufficient that the person came to
this country voluntarily and for settled purposes.

They must be resident in fact for an appropriate

period of time which demonstrates that their
residence has become, and is likely to remain,
habitual in nature.

Certain rights to reside do not require a person to be

habitually resident to qualify (shown by *).

EEA Jobseeker A person who is looking for work. For Universal

Credit purposes this does not count as a right to
reside.

Non EEA - Person Subject to
Immigration Control (PSIC)
Examples of individual rights to
reside issued by the Home Office
(list not exhaustive)
EEA - Indefinite leave to remain
A person who is not an EEA national and who
✘✁✟✡☎✑✞ ✕ave a Biometric Residence Permit or Visa
giving them a right to reside in the UK. Or, they have
a Biometric Residence Permit or Visa but this is
subject to the condition that they do not have
recourse to public funds or the Permit or Visa was
given as a result of a maintenance undertaking.

EEA - Limited leave to remain (In some exceptional circumstances an EEA

national may have been granted leave to remain
Non-EEA Settlement before their country joined the EU, which could still
be relevant.)
Non-EEA - Permanent right to reside

Non-EEA - Indefinite leave to remain

Non-EEA - Limited leave to remain

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Universal Credit is operated by the Department for Work and Pensions Page 3 of 6
Non-EEA - Humanitarian protection *
Non-EEA Refugee *
British Citizen or national of the
Common Travel area (comprising the
United Kingdom, Ireland, the Isle of
Man, and the Channel Islands. The
British Overseas Territories are not
included)
EEA Permanent right to reside
EEA Worker
EEA Self-employed person
EEA - Retained worker status
(looking for work)
EEA - Retained self-employed status
(ill health)
EEA - Retained worker status (temp.
incapacity)
EEA - Retained worker status
(maternity period)
Universal Credit is operated by the Department for Work and Pensions
These people have the right of abode in the UK but
they have to show they are actually habitually
resident, and intend to remain. This would normally
be a period of continual residence between 1 and 3
months.
A person can get a permanent right to reside in the
UK if they can show that they have resided here, as
a qualified person, for a continuous period of 5
years. This will be lost if they are away from the UK
for a period of 2 years. (There are other
circumstances that qualify permanent right to reside
that are outlined in Reg 15 of the EEA regulations.)
A person currently doing genuine and effective work.
A person who is currently doing genuine and
effective self-employed work.
A person who stopped working (from 24 July 2018
this also includes self-employed work) involuntarily
and can demonstrate that they remained in the
✝✆✶✁✂✄ ✚✆✄✖✟✞✎ ✜✁✟☎✂☞☎✟ ✍✄✁✡✍✟✛✞ ✁✓ ☛✁✄✖✑
interview would be required after 6 months of
entitlement to decide whether the person had
established another right to reside or could continue
to show they had a genuine prospect of work.
A person who has stopped work or self-employed
work due to sickness or accident and as a direct
result cannot return to work yet.
A woman who gives up work due to the physical
constraints of the late stages of pregnancy (within
11 weeks of the due date) can retain their status as
a worker provided they intend to return to work
within a reasonable period of time (up to 41 weeks
from when the baby was born).
UCD355
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EEA Retained Worker involuntarily
unemployed and embarked on
vocational training
EEA Retained Worker, voluntarily
unemployed
EEA - Self-sufficient
EEA Student
EEA - Worker or self-employed
person who has ceased activity
EEA - Family member of an EEA
national
EEA - Family member who has
retained the right of residence
EEA - Extended family member
Universal Credit is operated by the Department for Work and Pensions
A person who has stopped work (from 24 July 2018
this also includes self-employed work) involuntarily
and has started vocational training.
A person who stopped work (from 24 July 2018 this
also includes self-employed work) voluntarily to start
vocational training linked to their previous
employment.
A person who has enough resources to not be a
burden on the State and has comprehensive
sickness insurance. Such a person would not
normally be entitled to Universal Credit but periods
where this right to reside is satisfied could count
towards determining a permanent right to reside.
A person who is in full time education, has enough
resources to not be a burden on the State and has
comprehensive sickness insurance. Such a person
would not normally be entitled to Universal Credit
but periods where this right to reside is satisfied
could count towards determining a permanent right
to reside.
A person who has retired, has a permanent
incapacity or works in another member state, whilst
living in the UK, has a permanent right to reside if
they satisfy the conditions in Reg 5 of the EEA
Regulations.
A person who satisfies one of the conditions in Reg
7 of the EEA Regulations would have the same right
to reside as the family member of an EEA national.
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circumstances must be reported.
In some circumstances a person can derive a right
to reside from a family member who has died or
from whom they are divorced. The relevant
conditions are set out in Reg 10 of the EEA
Regulations.
A person who satisfies one of the conditions of Reg
8 of the EEA Regulations and also holds one of the
following:
✁ a valid EEA family permit
✁ a valid registration certificate
✁ a valid residence card
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EEA - Family member of British
Citizen
Primary carer of a child in education
Non-EEA - Family member of an EEA A person who satisfies one of the conditions in Reg
national
Non-EEA /EEA - Primary carer of a
British National child in education
Universal Credit is operated by the Department for Work and Pensions
This gives them the status of family member of an
EEA national and would have the same right to
reside as the EEA family member. Any changes in
✞✕✟ ☎✆✞☞✁☎✆✝✑✡ ✛☞✄✛✂✚✡✞✆☎✛✟✡ ✚✂✡✞ ✶✟ ✄✟✍✁✄✞✟✘✎
The British Citizen and the claimant must have lived
together in another EEA country and the other
conditions in Reg 9 of the EEA Regulations must be
✡✆✞☞✡✓☞✟✘✎ ☎✔ ✛✕✆☎✁✟✡ ☞☎ ✞✕✟ ✄☞✞☞✡✕ ✁☞✞☞✂✟☎✑✡ ✁✄
✓✆✚☞✝✔ ✚✟✚✶✟✄✑✡ ✛☞✄✛✂✚✡✞✆☎✛✟✡ ✚✂✡✞ ✶✟ ✄✟✍✁✄✞✟✘✎
A person can have a derivative right to reside, if they
do not have any other right to reside (whether that
entitles them to benefit or not) and are the primary
carer, or joint primary carer, of a child in general
✟✘✂✛✆✞☞✁☎✙ ✍✄✁✗☞✘☞☎✁ ✞✕✆✞ ✁☎✟ ✁✓ ✞✕✟ ✛✕☞✝✘✑✡ ✍✆✄✟☎✞✡ ☞✡
an EEA national who has resided in the UK as a
worker since the child came to live in the UK. There
is no requirement for the worker to be part of the
family unit but the work must be genuine and
effective.
If the child is a British Citizen this does not count as
a right to reside for Universal Credit purposes.
A derivative right to reside does not go towards the
5 continuous years required to acquire a permanent
right to reside.
7 of the EEA Regulations which allows them to be
treated as the family member of an EEA national.
They would have the same right to reside as the
EEA national family member. A non-EEA national
would normally hold a valid residence card
confirming they are a family member - but as long as
they can demonstrate they are a family member the
card is not essential. Any changes in the EEA
☎✆✞☞✁☎✆✝ ✓✆✚☞✝✔ ✚✟✚✶✟✄✑✡ ✛☞✄✛✂✚✡✞✆☎✛✟✡ ✚✂✡✞ ✶✟
reported.
A person who is the primary carer of a British
national child in general education can get a
derivative right to reside, but for benefit purposes
this does not count as a right to reside.
UCD355
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