old fat biker bloke

In a nutshell the Department of Work and Pensions denied me benefits for 4 weeks in order to prove it was my intention to stay in the UK. We'd been in Canada for 30 months.

I argued that since I was a British citizen and I shipped all my chattels BEFORE we left Canada and arranged for the kids schools again BEFORE we left that proved it was my intention to be habitually resident the moment I stepped off the plane - the judge accepted this!

There is also a critical point in the link below on page 6 - in a written answer to M/s Oona King the then relevant Minister Angela Eagle stated the right to income based benefits for returning Britons with strong links to the UK (I kept my UK credit cards and bank accounts active all the time I was in Canada!!) should arise immediately on their return. This expanded the Swaddling decision from Brit's returning from the EU to Brit's returning "returning from any country overseas and re-establishing their ties here."


http://www.parliament.uk/commons/lib...snsp-00416.pdf


The judge has stated in his decision "The facts of this (my) case are singular in there exceptional nature". I'm no legal expert but I think this is saying he doesn't want to open the floodgates but if your circumstances are similar to mine it gives you a good basis for an arguement!!!! Again, I don't think it sets a precident!!

All I'm trying to say is, if you have maintained strong UK links and prove your intention to return permanently by shipping your goods, arranging schools, finding somewhere to live etc this decision may help you. The HRT was designed to prevent non-National 'benefit tourists' bleeding the system NOT UK citizens in need!!!

I understand the DWP have the right to appeal this case - I will just have to wait and see if they do!!!

Easterndawn

Get a hold of your MP and let him/her know what is going on, this usually stops them right in their tracks. Good Luck

old fat biker bloke

Thanks Easterdawn - I did contact him when we got home last year but he just wrung his hands & quoted case law. However if the DWP appeal my win I will pester him again!!

My hope is my appeal win will give other Brits coming home the chance to argue they are resident again from day 1 and not be forced to wait for benefits if they need them.

I would just add it was never my intention to languish on the dole, I found work within 8 weeks of coming home. I just needed to feed the kids in the interim!!

BristolUK

Well done.

I've said in lots of posts on this subject that a series of logical steps pointing to (re)settling in the UK should show a clear intention.

Unfortunately, for you, you had to take some extreme steps to succeed. Others have been luckier, as other posts have shown, while others give up.

I know there's a wiki but could this be made a sticky?