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How do I contest the benfit decision that I am a non habitual resident?

I am English & have been abroad (in europe) for approx 2 years.After the breakdown of my relationship I had to return to England.I signed on & the benefit system decided I am "a non habitual resident" & I have not been in the country long enough to prove that I will continue to live here.Even though signing on for the last 3 months I have received no money & no help finding a job.My appeal date against this decision has just come through & I would appreciate any tips or help to fight this decision

These issues are complex and you might want to go to your local Citizens Advice Bureau for specific help.

There is no definition in law of the period that you have to be in the UK to pass the habitual residence test - it's probably between 1 and 3 months.

If you initially applied 'too early' then it may be that your appeal will fail as it doesn't matter if it is now 3 months since you came back to the UK as the decision is made based on the date of your application.

Given that you have now been back in the UK for 3 months then if you haven't done so already then I suggest you start a new claim as you are now likely to pass the habitual residence test.
Good luck.

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