appeals process for habitual residency

skoj

Was wondering if anyone out there had any success with the appeals process if you have been denied hr status. I spoke with citizens information off ice and they advised me to simply state brief reasons addressing each point and that should be sufficient to obtain a hearing. I also spoke with the appeals office/sw office in my local village and they advise to submit any documentation i may have to support my case,i.e. evidence from neighbours,friends,community link. This later course was what I had originally planned. I am a eu national, separated from my Irish husband.

If anyone has any experience with this, it would greatly be appreciated!

ResearchWill

skoj wrote: »

Was wondering if anyone out there had any success with the appeals process if you have been denied hr status. I spoke with citizens information off ice and they advised me to simply state brief reasons addressing each point and that should be sufficient to obtain a hearing. I also spoke with the appeals office/sw office in my local village and they advise to submit any documentation i may have to support my case,i.e. evidence from neighbours,friends,community link. This later course was what I had originally planned. I am a eu national, separated from my Irish husband.

If anyone has any experience with this, it would greatly be appreciated!

My advice is go to a Solicitor, it may take an appeal and the mention of Judicial Review to get them to pay attention. Social Welfare are getting worse on this, the biggest problem is not really how long here but what are future intentions the centre of interest test and you will in my opinion need the help of an expert so all your answers stand up if you need to go to the high court.

nowherefar

I won my appeal but every case is different..

I was initially rejected for both Job Seekers Allowance and Supplementary Allowance and appealed both.. the supp. welfare appeal was rejected but fortunately I won the JSA appeal after a hearing.. since then they've been very helpful but it took about 5 months to win the appeal and start getting some money so be prepared for a long wait with no guarantee of success.

Good luck.

skoj

Thanks for that. I was wondering specifically how you appealed( I've got the form) because I have been told several things. I was told to just reply briefly to every point listed for my denial in hopes of getting an appeal, and conversely I was told any letters of support and ties I may have would get me an appeal. I've been here ten years and I'm not sure if it is standard letter they send out but one of the points for denial was ''I have no links or family ties here'', as well as ''my centre of interest is not Ireland''. I found that laughable!
Anyway, any info you had on whether you supplied the evidence in your intial seeking of overturn would be greatly appreciated.

skoj

Research Will- I thought it advisable to talk to a solicitor on monday as you suggested. It has gone very bad here and I also find it funny that I was going to set up a small business of my own,which of course would immediately knock me off social welfare. I must be mad to have had that intention !

nowherefar

skoj wrote: »

Thanks for that. I was wondering specifically how you appealed( I've got the form) because I have been told several things. I was told to just reply briefly to every point listed for my denial in hopes of getting an appeal, and conversely I was told any letters of support and ties I may have would get me an appeal. I've been here ten years and I'm not sure if it is standard letter they send out but one of the points for denial was ''I have no links or family ties here'', as well as ''my centre of interest is not Ireland''. I found that laughable!
Anyway, any info you had on whether you supplied the evidence in your intial seeking of overturn would be greatly appreciated.

Ye I had more or less the same reasons given..

I filled in the form and wrote at some length why they were wrong (in my opinion ) including my future plans in ireland, and just dropped it off at the local welfare office along with any supporting docs that they didn't already have. I didn't use a solicitor or anything like that. I brought some additional docs to the hearing which I didn't have at the time I sent in the appeal.

I also find it funny that I was going to set up a small business of my own,which of course would immediately knock me off social welfare. I must be mad to have had that intention !

Actually not necessarily.. I started a biz while waiting for the appeal. If its a viable biz and you show them you are serious they seem happy to help out once the appeal is dealt with - after winning the appeal I got means tested again and now I get the JSA and they just deduct biz income from that which is fair enough.

ResearchWill

nowherefar wrote: »

I won my appeal but every case is different..

I was initially rejected for both Job Seekers Allowance and Supplementary Allowance and appealed both.. the supp. welfare appeal was rejected but fortunately I won the JSA appeal after a hearing.. since then they've been very helpful but it took about 5 months to win the appeal and start getting some money so be prepared for a long wait with no guarantee of success.

Good luck.

Where you originally rejected in relation to both claims on the same basis? That is habitutal residency. I find it so stupid that in one appeal you win on the point of habitutal residence and the other you fail, while the outcome is the same, you get your back money. It's so stupid that one area of social welfare say your are HR while the other say you are not so silly. I assume now you are not entitled to rent allowance and other Sup Welfare. Madness also if it is as I think it is you have a slam dunk Judicial Review, in relation to Sup Welfare.

ResearchWill

skoj wrote: »

Research Will- I thought it advisable to talk to a solicitor on monday as you suggested. It has gone very bad here and I also find it funny that I was going to set up a small business of my own,which of course would immediately knock me off social welfare. I must be mad to have had that intention !

Do you mean it's going bad because you went to solicitor or is going bad in any case.

nowherefar

ResearchWill wrote: »

Where you originally rejected in relation to both claims on the same basis? That is habitutal residency. I find it so stupid that in one appeal you win on the point of habitutal residence and the other you fail, while the outcome is the same, you get your back money. It's so stupid that one area of social welfare say your are HR while the other say you are not so silly. I assume now you are not entitled to rent allowance and other Sup Welfare. Madness also if it is as I think it is you have a slam dunk Judicial Review, in relation to Sup Welfare.

Both rejections were on HR basis.. I didn't even get a hearing for the supp welfare appeal. I've been told that I am entitled to rent supplement now but I didn't apply for it.

skoj

I mean the state of things and the way businesses are taking advantage of the situation. For example, they want fully qualified people for jobs, with experience and say it's an 'internship' and they'll pay you an extra 50 euro! I know myself I put up ads to look for work. I actually had someone in Health dept tell me to give up looking for work.

And I had considered putting in the appeals as supplementary evidence feasible business plans,etc. I know myself as I've always worked for very small businesses, you must be prepared to make no profit or very little for two years.So thank you very much for that info. I hope I'm as lucky as you were.