Proving your residency – Written by Jack Yates, RMC Senior Caseworker
With every right to settle in the UK, Dancho struggled to prove his residency and get back into the system due to finding himself homeless and unable to pass the Habitual Residency Test.
The background
Dancho, a Bulgarian national, arrived at RMC’s Dudley centre with his social worker from Adult Social service in April 2024.
He had been living in the UK since 2008 and was in the Dudley area for the last 10 years. Large periods of this time in Dudley he had been rough sleeping. Alongside this, he had an alcohol dependency and there were concerns of potential exploitation through his work at a local car wash.
“Dancho was most likely trafficked to the UK in around 2008 and had worked for little pay in car washes in the Dudley and Sandwell areas over a number of years. He had poor English skills and was vulnerable as a result of this as well as suffering from epilepsy. His accommodation had been linked to his employment and therefore when one ended the other followed. It is almost certain that he had been exploited since his arrival in the UK.” – Dancho’s social worker
Arriving at RMC
His social worker had bought him to the centre for advice regarding access to housing. When using the Home Office’s online tool to check his immigration status, we were able to discern that Dancho held pre-settled status in the UK and that his issues accessing housing were due to failing the Habitual Residency Test as he had no proof of work he had been carrying out in the UK.
Habitual residency: To be considered habitually resident in the UK for public funds purposes, a person must have taken up residence in the UK, with the intention of settling here, and have lived here for an appreciable period of time. The habitual residence test has 2 elements: a legal right to reside test and an objective assessment of factual evidence of habitual residence. Those eligible to claim certain public funds are required to have established habitual residence in the UK and be exercising a right to reside in the UK. Source: Gov.uk
Due to the length of time Dancho had spent in the UK we advised that it would be possible for him to make an application for settled status, which would grant him access to mainstream benefits and social housing. However the major challenge would be getting proof of his residence. We called a multi-agency meeting with Dudley Local Authority and booked Dancho a priority appointment to complete the application for settled status.
Settled status: Settled status is indefinite permission to stay in the UK. It is granted to applicants who meet the EUSS requirements and usually have lived in the UK for a continuous 5-year period (known as ‘continuous residence’). Source: Gov.uk
Collaborative work
With the help of the various agencies, we were able to access records which showed Dancho’s residence in the UK for at least the 8 years, following which we were able to make the application for settled status on the 19/04/24. We followed up the application with a referral to the EUSS vulnerability team Home Office who in turn requested an expedited answer from the Home Office.
Whilst awaiting a response from the Home Office, we requested that Dancho present at our office on a weekly basis so that his social worker and ourselves would be able to keep track of his welfare. We received a decision that the application was granted on the 21/05 and we immediately assisted Dancho to make an application for Universal Credit, for which his entitlement was subsequently approved after their internal checks were carried out.
“RMC supported by offering appointments to Dancho on a weekly basis to ensure he was seen and to also ensure that any messages were passed to him in respect of his applications, or the need to attend appointments with his social worker, this joined up working reduced the need for appointments to be duplicated and also provided a safe space for professionals to meet with Dancho” – Dancho’s support worker
The outcome
We got confirmation that Dancho had been housed through the local authority on the 26/06. For the first time since he has been in the UK he has access to secure accommodation and financial support, which will hopefully allow him to address his current vulnerabilities. We have continued to remain in contact with his social worker who has informed us that Dancho is doing well and engaging well with the professionals now involved in his support.
See more about how RMC is supporting new arrivals already.
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