British National and Habitual Residence

I hardly ever have to deal with any type of immigration case so am just looking for some guidance please.

My client is a UK national who was living in another EEA state for the last 4 and half years.

He became ill and made plans to return to the UK which he did in July last year with the express intention of staying here. Prior to his return he registered with a GP and on his immediate return he was admitted to hospital.

He came back to the UK with all of his possessions apart from a property which is now up for sale in the other EEA country.

He initially stayed with his family but very quickly moved into private rented accomodation.

He claimed PC when he left hospital after a week.  This was awarded from August - one month after he returned to the UK.

Is there any case law which states someone could be habitually resident as soon as they are back in the UK?

Any help greatfully received as always.

Have found and read CIS/4474/2003 - unless anyone knows of anything more recent i think this may cover it :)

You may want to read the swaddling judgement as well, as old as it is, it’s pretty much “the” decision everyone follows.

http://www.osscsc.gov.uk/judgmentfiles/j347/Is06_99.doc

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61997CJ0090:EN:HTML

I did - it’s mentioned in the one above - thank you :)