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Top Other benefit issues topic #3897

Subject: "Returning resident" First topic | Last topic
cathmac
                              

Assistant Manager - supporting all Volunteers, East Dunbartonshire CAB, Kirkintilloch
Member since
14th May 2004

Returning resident
Tue 02-Jun-09 11:32 AM

Client lived abroad for the last 15 years he has now returned to the UK to live for good, he is 56, has no accommodation, no job, basically nothing.



I am aware that R2R does not apply to him as he is a UK citizen, but HRT will apply

Where do I start and what advice ?

advice will be much appreciated

  

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Replies to this topic
RE: Returning resident, nevip, 02nd Jun 2009, #1
RE: Returning resident, cathmac, 02nd Jun 2009, #2
      RE: Returning resident, nevip, 02nd Jun 2009, #3

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Returning resident
Tue 02-Jun-09 12:31 PM

First of all what country has he returned from and was he working while there and if so in what capacity?

  

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cathmac
                              

Assistant Manager - supporting all Volunteers, East Dunbartonshire CAB, Kirkintilloch
Member since
14th May 2004

RE: Returning resident
Tue 02-Jun-09 01:37 PM

Yes he was working and he returned from US.

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Returning resident
Tue 02-Jun-09 04:53 PM

Because he was not exercising EC Treaty rights (moving and working within the EEA) and unless he is also a citizen of another EEA country he will probably have to satisfy the habitual residence test and show that he has been here for an appreciable period of time. In the usual run of cases this will be between 1-3 months, occasionally shorter, rarely longer. Habitual residence can be established immediately by British citizens returning from outside the EEA but this is rare.

Things that will assist a shorter period are the nature and extent of any ties he retains in the UK. Did he maintain ties with the UK while in the US? Does he have any ties (family for instance) in the UK now? The severing, permanent or otherwise, of any ties in the US. What was the nature of his arrangements in moving back here? Has he travelled here on a one way ticket, brought all his belongings with him? Does he intend to settle in the UK permanently, or for the foreseeable future? What has he done to establish himself here, has he registered with a GP, registered for accommodation, made a claim for JSA?

This list is merely illustrative and not exhaustive.

  

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