When deciding, under EC law, whether or not you are habitually resident in the UK, the DWP will take the following factors into account:

Jobseeker's Allowance Page Index.

Introduction to Jobseeker's Allowance.

Jobseeker's Allowance and being available for work.

Jobseeker's Allowance and actively seeking work.

Jobseeker's Allowance and being capable of work.

Jobseeker's agreement

Jobseeker's Allowance and education.

Jobseeker's Allowance rates of pay.

Residence rules for Jobseeker's Allowance.

Income based Jobseeker's Allowance.

Jobseeker's Allowance and young people.

Jobseeker's Allowance sanctions.

You would need to show that being in the UK is your main centre of interest. Renting or buying a home, obtaining a job, joining social and other clubs are indicators that the UK is your main centre of interest.

If your absences from the UK are due to you working abroad and you return frequently to be with your family or because your home is in the UK, then these absences would not disqualify you from meeting the criteria. If you are often absent and only make infrequent visits to the UK or you purchase a home abroad then these factors would disqualify you from being habitually resident.

Having an intention to reside does not, of itself, establish habitual residence. Your intention together with other factors like buying a house in the UK and selling one abroad may indicate that you are habitually resident.

Visiting the UK for a short period to have medical treatment or to visit friends does not mean that you are habitually resident.


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