Access to public funds by a British citizen returning to UK

[driftkid]

hello guys, once we get there we will apply for their residence card...

I have another question if you don't mind, please someone explain it to me..

As i was never been in UK before( I'm a British Citizen by descent), I worked in Italy, Am I already eligible to apply for Housing benefits or council housing when we move to the UK?

[Directive/2004/38/EC]

As i was never been in UK before( I'm a British Citizen by descent), I worked in Italy, Am I already eligible to apply for Housing benefits or council housing when we move to the UK?

Your eligibility for various benefits depends on different factors. (If you have 2,000,000 pounds in the bank I doubt you will find council housing)

In general, the fact that you have never yet lived in the UK can not be held against you or your wife. The general rule is that if a British citizen in similar circumstances can qualify, then so can you.

[driftkid]

but the problem when someone is never been in UK is the "habitual residence", I did some searching in the net for more information, some says "it will take 2 years of residency, then a British citizen will be have a "habitual residency" i'm a little bit confuse, EEA nationals and its family member are exempted to Habitual Residence Test right?, how about a UK national who have worked in an EEA memberstate?..my rights under Surrinder singh route can I use it to be exempted to Habitual Residency Test?

[Directive/2004/38/EC]

but the problem when someone is never been in UK is the "habitual residence", I did some searching in the net for more information, some says "it will take 2 years of residency, then a British citizen will be have a "habitual residency" i'm a little bit confuse, EEA nationals and its family member are exempted to Habitual Residence Test right?, how about a UK national who have worked in an EEA memberstate?..my rights under Surrinder singh route can I use it to be exempted to Habitual Residency Test?

Exactly the argument you need to make if it ever becomes an issue! Do not back down.

[driftkid]

Do you think I will be exempted for the habitual residence test? my wife have EEA family permit, so she can use it to be exempted?

[Directive/2004/38/EC]

I do not know the case law and I do not know the practice on the ground. In fact I don't know much about benefits.

But please update the thread when you have experience with how it actually is.

[driftkid]

'Habitual residence in fact'

Proving someone is ‘habitually resident in fact’ relies on case law as there is no definition in the Regulations of ‘habitual residence’.

Some key points:

You must be resident and in most cases have been so for an ‘appreciable time’ - no set period is given
You must show intention to settle (not necessarily permanently).
The stronger the settled intention, the shorter the actual residence need be and vice versa. You may be accepted as habitually resident from your first day if you are returning to the country and you were previously habitually resident or you or a member of your family is a national of, or has worked in, another European Economic Area (EEA) state.

British citizens who have lived abroad and are returning to the UK will have to show that they are 'habitually resident in fact'.

[John]

As i was never been in UK before( I'm a British Citizen by descent)

Are you saying that you have never ever visited the UK? Never posted on this board from the UK?

[driftkid]

I went to UK last october to find a job then returned here in rome to help my wife to apply for EEA family permit..

[geriatrix]

What is the habitual residence test?
Who has to take the habitual residence test?
The Habitual Residence Test - United Kingdom Parliament (PDF file)

The Habitual Residence Test has been described as “notoriously opaque”. Anyone coming up against the Test would be best advised to seek professional advice.