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British national who is returning after living a few years in another EU country // residence test for benefits ?

Questions and discussions about claiming benefits while living and working in the UK

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Anamkhan
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Posts: 41
Joined: Tue Mar 05, 2019 2:09 pm
Afghanistan

British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by Anamkhan » Wed Mar 06, 2019 6:05 am

Hello

I have spend a few years in another EU country .I am now returning to the UK. How many months do I have to live here to satisfy the residency test before I can apply for benefits such as income support .

I know I need to wait three months before applying for child benefit but need to know about other benefits please

Kindly advice

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by JB007 » Wed Mar 06, 2019 11:34 am

Anamkhan wrote:
Wed Mar 06, 2019 6:05 am
Hello

I have spend a few years in another EU country .I am now returning to the UK. How many months do I have to live here to satisfy the residency test before I can apply for benefits such as income support .

I know I need to wait three months before applying for child benefit but need to know about other benefits please

Kindly advice
For a British citizen, it will be 3 months for low income, low capital, benefits and about two years for others.

There is no Income Support benefit anymore as that has been replaced by Universal Credit. Universal Credit has replaced 6 low income benefits and has different rules (a 16k capital limit), and different requirements for claimants.
e.g. Income Support allowed a parent not to work until the yougest child was 15, then reduced to the youngest child age 5. With Universal Credit it is no work requirements with the youngest child up to age 1, but that is only for 1 of the parents as the other must now work full time.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by JB007 » Wed Mar 06, 2019 11:42 am

Have you looked to see if you can claim from the EEA country you are residing in? They may pay more benefits and might not have the strict work requirements and sanctions that the UK has.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by JB007 » Wed Mar 06, 2019 12:19 pm

Looking back on your posts, I see you are intending to use the Surinder Singh route to bring a spouse to the UK. I have read on here that the British citizen will have to be an EU qualifed person when they use this route to the UK and therefore you cannot have means tested benefits for your family because you don't work? Others will advise.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by JB007 » Wed Mar 06, 2019 1:04 pm

JB007 wrote:
Wed Mar 06, 2019 12:19 pm
Looking back on your posts, I see you are intending to use the Surinder Singh route to bring a spouse to the UK. I have read on here that the British citizen will have to be an EU qualifed person when they use this route to the UK and therefore you cannot have means tested benefits for your family because you don't work? Others will advise.
Perhaps ask about this on your other thread on the EEA board, in case it is missed on this board?

Germany seems to pay more benefits than the UK now, but I'm not sure if they will let a Self Sufficient qualified person claim benefits.

Anamkhan
Newbie
Posts: 41
Joined: Tue Mar 05, 2019 2:09 pm
Afghanistan

Re: British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by Anamkhan » Thu Mar 07, 2019 12:37 am

Thank you for your replies. I am returning to UK due to brexit and want to use surinder Singh route before it's no longer available.

We have savings for now but I know we will soon need help in case we don't find jobs before we run out of money.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by JB007 » Thu Mar 07, 2019 10:34 am

Anamkhan wrote:
Thu Mar 07, 2019 12:37 am
Thank you for your replies. I am returning to UK due to brexit and want to use surinder Singh route before it's no longer available.

We have savings for now but I know we will soon need help in case we don't find jobs before we run out of money.
Whether Singh will work for your husband is matter for your other thread, if you can use Singh. As is, what is required of the British citizen when you return, for Singh to be valid.

For you and your child for benefits, if you need benefits and housing, you should work out how you can survive for 3 months. That's why I suggested checking if you can claim benefits from Germany.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: British national who is returning after living a few years in another EU country // residence test for benefits ?

Post by JB007 » Thu Mar 07, 2019 10:45 am

UK citizens
...
If you're planning to move back to the UK and you think you will need means-tested benefits and housing straight away, think about how you would cope if you can't meet the conditions of the HRT for three months or more


https://www.citizensadvice.org.uk/benef ... -benefits/

Be aware that even when you are able to pass the HRT (habitual residence test) to put in a benefits claim for you and your daughter, that money will take a few more weeks to come through.

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