Still Game

So, I was perusing another forum and noted someone had mentioned if you leave the UK (and European economic area) for three years or more - but then move back to the UK - you have very few rights.

Did I read that correctly / is that correct?!

Speaking here of two people born and bred in UK and one person born outwith but with full UK passport.

Can this be true?

Pollyana

What sort of rights? If you move back you get full rights to the NHS again, some benefits will have a waiting period but not usually as long as three years. The main one where three years rings a bell with me is the fact that if you had kids going to uni they would be charged international fees unless they'd been resident for the three years prior.

Generally though, you're a citizen, you move back, you're entitled to stuff the same as any other resident citizen.

Pulaski

I don't know what you read, or where, but generally speaking that is not correct, as Pollyana said.

As a returning (to the UK) British citizen, you have exactly the same rights as someone who never left the UK. A few things, such as benefits, aren't available immediately on your return, and others, such as the state pension aren't a "right", they're something that you "pay into" and if you haven't been contributing you won't get as much of a pension.

Still Game

thanks for confirming I'm totally wrong as Pollyanna said Pulaski ..... I don't read where Pollyanna actually said that but good to know how you feel, to clarify I was asking a question about something I had read - not stating it myself.

Pollyanna, I read was that if you're away for 3 years or more and you return you lose rights, this person writing didn't specify what rights. I have done some researching however didn't unearth too much. I'm not sure myself. This person who wrote this might have been wrong in their assumptions, thus just wondered if there was an element of truth.

I don't claim any benefits myself - so perhaps it would be about this. I guess if we returned after many years and our child was looking to study they would be subject to international fees.. perhaps that sort of thing? - edit just re-read your post and you said this, thanks.

I'm not sure exactly what rights they were referring to or even if they were correct - thus asking question on here.

Pollyana

I wouldn't say you're totally wrong as I don't know what rights the original person was talking about! I know there's a three year thing with uni education, but I don't know of anything else. Might be better asking in the UK forum - they are up on the majority of rules surrounding this kind of thing in there.

Still Game

Yah I wasn't sure which rights the original poster was referring to either. Good point, should have posted on the UK forum ... creature of habit :-)

I should actually be finding out about returning Australian citizens on this Australian form section also, have no idea on that either, there are probably exclusions too I imagine.

Pollyana

Some nice person has moved the thread there now so I'm sure someone can chip in with examples of stuff that needs waiting time to re-qualify......

Still Game

Thank you

BritInParis

You have all the same rights as any other British citizen. You can live and work in the UK without restriction, you can vote, buy property and you are entitled to free schooling and NHS healthcare immediately upon your return.

What you may not be eligible for are certain means tested benefits which are subject to a Habitual Residence Test but generally speaking that is only for the first three months. As mentioned by Pollyana you need to be resident in the UK for the preceding three years to be eligible for home university tuition fees which may be relevant for your children later on. I wouldn't describe these things as 'rights' however.

Still Game

Thanks BIP.. I knew I should have simply just asked you first. I still think you should be taking payment for advice !

Pulaski

Some people on BE have reported success arguing that their time overseas was only temporary, on a temporary work visa, such as a US L-1A visa, and therefore their children are eligible for the domestic university tuition fees. This is something to bear in mind if you are offered or have the opportunity to get permanent residence or citizenship, because then you obviously are no longer "temporarily" overseas.