Please help my family situation is urgent.(as non EEA) DWP told me my right to reside for Universal Credit only comes through my EEA brother — is this correct? (I currently have Pre-settled status, they didn’t consider me as retained worker)
So I've just had a call with a Universal Credit Decision Maker regarding my Habitual Residence Test (HRT) this is the second time I fail my HRT and I'm genuinely shocked by what I was told. I am in the middle of MR for my first UC claim.
My situation:
•non EEA national, joined my EEA brother in the UK in 2022 through EUSS.
•Application was made before Brexit (Dec 2020) granted pre-settled status
•Worked lawfully in the UK for 28 out of 37 months. still actively looking for work
•My most recent job was a Fixed-term contract ended (involuntary)
What the decision maker told me:
Since he (my EEA brother) no longer financially supports me my right to reside has ended (DM said)
No consideration for my own rights (retained worker with genuine and effective work)
From everything I've researched, I don't think she is. Here's my understanding:
• Retained worker status under Regulation 6(2)(b) and (d) of the 2016 Regulations is not restricted to EEA nationals in the text of the law
• Once you work lawfully in the UK, you acquire your own labour market status — separate from the family-member basis you arrived on
• Cases like Ibrahim [2010] and Teixeira [2010] (CJEU) established that non-EEA family members can hold residence rights in their own right, independent of the original EEA sponsor
• Article 15(3) of the Withdrawal Agreement protects my rights because my application was in-time before Brexit
• SSWP v AT [2023] EWCA Civ 1307 and ADM Memo 06/24 require DWP to individually assess pre-settled status holders with genuine UK labour market links
The way I see it(correct me if I’m wrong): my brother was the door I came through. But once I started working, I opened my own door. That door doesn't close just because my brother stopped supporting me financially.
Has anyone been through something similar? Especially:
• Non-EEA family members who successfully claimed retained worker status independently
• Anyone who challenged a DWP HRT refusal based on the wrong application of Regulation 6
• Any advisers or solicitors who can point me to the right support
Please help my family situation is urgent