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British citizen living abroad? Non-EEA spouse? This may affect you!

British citizen living abroad? Non-EEA spouse? This may affect you!

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Old Jun 21st 2012, 7:45 pm
  #361  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by formula
If you retire to the UK, your free NHS healthcare when you are old; free travel pass and any other pension benefits, will cost the UK taxpayers a lot more than they receive from those "tourist dollars" you are going spend in London on a few holidays.

TBH I see why you (and lots of others) want free healthcare when you retire if you come from a country where this is tied into employment or additional health cost are paid by you; but I don't understand why so many are happy to pay their working taxes to that country and then expect the UK taxpayer to pay for them when they retire?

If these new immigration laws make you come back and work and pay taxes in the UK before you retire, then that is good for the UK taxpayers.
You have no idea how long my husband worked before he moved to the US, or what age he would be when returning.

You have no idea if it is American dollars or English pounds which would buy real estate in your country.

Do you honestly think the UK government would be giving ME, a US citizen, a pension? You are misinformed! I would be drawing my US pension and spending it in your country!!

Last edited by rebeccajo; Jun 21st 2012 at 7:53 pm.
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Old Jun 21st 2012, 7:47 pm
  #362  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Giantaxe
I agree, which is why I think there should be a bar on means-tested benefits as opposed to a very high income requirement.
There already is.

But nobody told the Daily Mail that.
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Old Jun 21st 2012, 7:49 pm
  #363  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Egon
It's amazing how often people like to say immigrants are sponging off the state when there are plenty of rules in place that stop you from claiming benefits - but nevermind, who needs facts when you can be swayed by the Tories and give them the popular outrage they need to get such vile measures passed.
True, I for one would not qualify for job seekers allowance if I moved back to the UK because I have only made Class 2 NI payments. If people are worried about abuse of the current benefits schemes it's those that should be reformed not the immigration rules for British citizens and their immediate families.
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Old Jun 21st 2012, 7:54 pm
  #364  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Egon
Workers can easily make the new income level can they? Well lots would disagree:

But £18,600 is half again as much as someone would make working 40 hours a week, 52 weeks a year, at the minimum wage. According to the Migration Observatory at Oxford University, 47% of British citizens in employment would not qualify to bring in a family member, nor would 58% of people 20-30 years old, or 61% of women of any age.

And the savings level - do you even know what it is? It's £52,500 if you're relying on savings. That's a figure you think people can get?

A lot of people wanting to bring a spouse back from overseas with them will have trouble lining up work from thousands of miles away no matter how good their chances when they actually get there. Whereas before they'd have offers of accommodation, third party sponsors or employment prospects evaluated as part of their case (along with savings if they had them) now they can only rely on that gargantuan sum. If you really think £52,500 is a figure 'most workers' can acquire them I'm not sure what else there is to say to you.
It's £62,500.00.
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Old Jun 21st 2012, 8:08 pm
  #365  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
You have no idea how long my husband worked before he moved to the US, or what age he would be when returning.

You have no idea if it is American dollars or English pounds which would buy real estate in your country.

Do you honestly think the UK government would be giving ME, a US citizen, a pension? You are misinformed! I would be drawing my US pension and spending it in your country!!
Actually if your husband gets a UK state pension he will get the married pension and you will get a survivor's pension if he dies.....you don't have to have paid into NI, you would get it based on his NI contributions. The same goes for US SS. In both cases the benefits will be payable wherever you live. So if you stay in the US and your husband qualifies for a UK state pension you will receive the married pension. If he were to die before you the UK would continue to pay you a pension as his widow even though you have never paid into NI.
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Old Jun 21st 2012, 8:18 pm
  #366  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by nun
Actually if your husband gets a UK state pension he will get the married pension and you will get a survivor's pension if he dies.....you don't have to have paid into NI, you would get it based on his NI contributions. The same goes for US SS. In both cases the benefits will be payable wherever you live. So if you stay in the US and your husband qualifies for a UK state pension you will receive the married pension. If he were to die before you the UK would continue to pay you a pension as his widow even though you have never paid into NI.
In the US, I would not get my husband's pension. Not in addition to mine. I would choose whether I wanted to keep mine or switch to his. Likewise if we were living in the US and he survived me.

If my husband draws any sort of UK state pension while drawing his US pension, his US pension is deducted accordingly.

Pensions are not means tested, so I'm not sure what you are trying to say.
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Old Jun 21st 2012, 8:33 pm
  #367  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
If my husband draws any sort of UK state pension while drawing his US pension, his US pension is deducted accordingly.

Pensions are not means tested, so I'm not sure what you are trying to say.
If your husband's UK state pension is from non-voluntary NI contributions his US SS will be reduced according to the Windfall Elimination Provision (WEP). It is not a dollar for dollar reduction, the max amount it can be right now is $385/ month. If your husband has 30 years of SS contributions or if he qualifies for UK state pension because of voluntary NI payments, there will be no WEP and he will receive full pensions from both the UK and the US. You will obviously qualify for US SS depending on his and your contributions as a married couple or as a survivor. How you juggle the US SS according to yours or his contributions can be quite complicated, but you will also get a UK pension because of your husband's NI contributions. Because he is married he will get the married UK basic pension based on the number of NI contributions he has. If he were to die you would then get a survivors benefit based on his NI contributions.

Last edited by nun; Jun 21st 2012 at 8:38 pm.
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Old Jun 21st 2012, 8:44 pm
  #368  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by nun
If your husband's UK state pension is from non-voluntary NI contributions his US SS will be reduced according to the Windfall Elimination Provision (WEP). It is not a dollar for dollar reduction, the max amount it can be right now is $385/ month. If your husband has 30 years of SS contributions or if he qualifies for UK state pension because of voluntary NI payments, there will be no WEP and he will receive full pensions from both the UK and the US. You will obviously qualify for US SS depending on his and your contributions as a married couple or as a survivor. How you juggle the US SS according to yours or his contributions can be quite complicated, but you will also get a UK pension because of your husband's NI contributions. Because he is married he will get the married UK basic pension based on the number of NI contributions he has. If he were to die you would then get a survivors benefit based on his NI contributions.
Would I as a wife in the US qualify for this pension?

If so, this really isn't an immigration issue.

FWIW, I didn't think I was entitled to any pension benefits.
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Old Jun 21st 2012, 8:48 pm
  #369  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
Would I as a wife in the US qualify for this pension?

If so, this really isn't an immigration issue.

FWIW, I didn't think I was entitled to any pension benefits.
Yes you will qualify

http://www.dwp.gov.uk/international/...ity-agreement/

Bereavement and widows' benefits in the USA
How bereavement benefits, widows' benefits or survivor's benefits from one country are paid if you live in the other

If you are ordinarily resident in the USA, UK bereavement benefits or widows' benefits are payable at the same rate as if you were living in the UK. If, however, you live in a country where your UK benefit is paid at a frozen rate, your benefit will not increase during a temporary visit to the USA.

If you are resident in the UK, you will get the same rate of US Widow's Benefit in the UK as you would if you were in the USA.
If your husband, wife or civil partner was insured under the insurance schemes of both the UK and the USA

If your husband, wife or civil partner did not pay enough contributions in the UK for you to get a UK Bereavement Benefit, we may use their US insurance in a similar way as a person's insurance may be used for State Pension.

If your husband or wife did not pay enough insurance in the USA for you to get USA Survivor's Benefit, the US authorities may use their UK contributions, providing they had completed at least six quarters of coverage under the US scheme.
It isn't an immigration issue, it's a benefits issue......as the spouse of someone getting UK married basic state pension you qualify for survivors benefit, it doesn't matter where you live (except for cost of living increases) or your citizenship. You qualify on the basis of your spouse's contributions.

Last edited by nun; Jun 21st 2012 at 8:58 pm.
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Old Jun 21st 2012, 9:18 pm
  #370  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by rebeccajo
They don't want Brits married to foreigners to have what other Brits have.
You what?

I was talking about passing on UK citizenship. A Brit passes it on to their kids, unless they were a Brit not born in the Uk. Seems pretty reasonable to limit how many generations you can pass on citizenship to without living or having any other tie to the UK.
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Old Jun 21st 2012, 9:19 pm
  #371  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by chocciecake
so what happens if a british citizen currently living in britain, wants to mary and aussie, currently living in aus???
if the aus can't move to britain because the partner doesn't earn enough, but aus doesn't want the british one to settle in aus, because they also don't meet immigration criteria for some reason??
then the couple can't get married and live together in either country, meaning that britain is CERTAINLY interferring in its own citizens right to a family life!
The alternative would be to seek a third party country, that both could immigrate too.

Not ideal though.
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Old Jun 21st 2012, 9:26 pm
  #372  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by nun
I've written to Bryan and May and included the link to this thread. I doubt it will do any good and I don't see Labour doing anything to actively overturn the new legislation, their opposition has been pretty weak so far.
I got in contact with my old MP, Andrew Smith, for Oxford, he got in contact with May, who had Damian Green, minister for Immigration reply, which was forwarded to me.

The response was essentially a bit meh, which Smith agreed it being and talked of taking this further. He also mentioned the online petition that was linked earlier, which he signed.

He provided some info about this -

http://www.freemovement.org.uk/2012/...-be-overridden
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Old Jun 21st 2012, 9:42 pm
  #373  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by formula
To ensure the sponsor is willing to work and keep their partner, instead of just expecting the taxpayer to continue to keep them (as per the present rules). We have too many able bodied languishing on welfare at the moment. The welfare reform bill will sort those types, but that takes time.

The government made it quite clear that they were going to protect the UK taxpayers and make work pay.
What this new change does is effectively discriminate against women, short and simple as that.

The sponsor has to be the one earning the money...great, but if the foreign spouse is the one with the higher earning potential, this rule change collapses. Now that stay at home mother who has lost out on earning potential will go back to the work place getting a much lower sum of money than their partner, just to fulfill new immigration rules, which would have been no issue in the past.

Not being able to appeal a decision, not being able to have a co-sponsor, these are all new rules that play to the boogie man, or pillocks who rely on the Daily Mail.

Also, you keep trotting out the NHS, but that's paid for out of general taxation, so unless you are dead, you contribute to the NHS every time you buy shit.

Time to put the lights on before the boogie man really scares you.
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Old Jun 21st 2012, 10:19 pm
  #374  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by nun
Yes you will qualify

http://www.dwp.gov.uk/international/...ity-agreement/



It isn't an immigration issue, it's a benefits issue......as the spouse of someone getting UK married basic state pension you qualify for survivors benefit, it doesn't matter where you live (except for cost of living increases) or your citizenship. You qualify on the basis of your spouse's contributions.
Thank you for explaining this to me. I had no idea I would ever be entitled to anything.

The way you explain it, it sounds as if Formula's comment to me was really irrelevant. I took his statement to mean that I would only get the benefit if I went to live in the UK. You know, moving over there just so I could sponge off the government.

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Old Jun 21st 2012, 10:21 pm
  #375  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Bob
You what?

I was talking about passing on UK citizenship. A Brit passes it on to their kids, unless they were a Brit not born in the Uk. Seems pretty reasonable to limit how many generations you can pass on citizenship to without living or having any other tie to the UK.
I know you were talking about citizenship. My comment wasn't directed "at" you. It was sarcasm. Sorry - written word and all.

I do believe that one of the next Tory targets is limits on citizenship. I have it on pretty good authority that they have their people combing over the the law.
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