two year rule!!!!!!

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    Hello all – I just want some clarification as I HAVE GONE MAD, it’s official…

    I have been reading some training manual(not saying where from) that keeps reiterating the point about a person not being subject to the HRT if they have resided in the CTA for a period greater than two years.

    Now, as I have already gone mad I beleive I must be missing something here. Can any body enlighten me as to the relevance of this two year rule.

    I beleive it to be nonsense and dont employ it my self but I just wanted to get some help and support form you folks as I may be wrong. We have removed the question from our application form some time ago and rigghtly so I beleive.

    Thanks in advance – Mike


    Peter B replied to a similar question:

    “Ah, the blessed two year rule again. It does not exist in law and never has done, it’s just DWP procedure.

    Two years is a period after which it has traditionally been the practice of DWP to assume that a person must be habitually resident. But I gather they no longer take that view and now tend to regard five years as a safe long-stop date for habitual residence (although when I checked the current edition of the HCTB1 form on DWP’s website last month it was still asking the two-year question).

    That does not mean that a person fails the HRT unless they have been here for five years, it means they aren’t guaranteed to pass it until they have been here for five years. Previously that would have been the position after two years.

    Personally, I cannot think of any plausible circumstances in which a person who was granted ILR in 2006 would not now be firmly habitually resident. Most people will establish their habitual residence a lot sonner than two years, never mind five. I am not sure that either of these arbitrary cut-off dates is particularly helpful really ”


    I think the 2 years thing may stem from the fact that if you have ELR/ILR, it lapses after more than 2 years absence from the UK, so you lose the status and have to start all over again and the 5 years bit from the change in regs in 2004/2006. BUT why this should have anything to do with HRT is beyond me.


    The 2 year rule was used mainly prior to 2004 when the HRT became a 2 part test involving the RTR and the HRT. Prior to this it was looked on that if you had been here for over 2 years there was a certain amount of permanence about your stay and you would probably pass the HRT.


    Thanks folks, you have reversed my madness and I am now sane again…. 🙂

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