sarahandco

After living in Spain for the last 15 yrs i find myself in a situation where i have to move back. I have not really put anything into the uk system and am not really interested in claiming benefits (i've always been a grafter). However, I have nowhere to live and will require housing benefit and a house to get me on my feet.
Would i be entitled to this after being away so long?
I have an 8 yr old daughter so i can prove that we intend to stay in the UK (I am english,but she holds spanish nationality), and i will register her in a school as soon as we arrive.
My husband is a non EEU member, and he will be applying for a spouse family permit but i believe not eligible to claim anything from the system but like i said we are not looking for that really.
I have one uncle and aunt who live in the north but they couldnt fit us into their small 2 bed bungalow.
Any suggestions and advice greatly appreciated.

mikelincs

I think you might find it more of a problem than you realise, as your husband is not an EU national then you will have to prove a certain level of income before he can get a visa, I suggest you look at this thread and read the comments.

http://britishexpats.com/forum/showthread.php?t=761780

I hate to sound negative, but the new regulations are going to make it difficult if the partner/husband is not an EU national.

sarahandco

Since he has a visa and spanish residencia i thought the via the directive 2004/38 made him eligible for a family permit for entry and working as my husband? This is what we have been advised. I didnt think i needed cash to move back to my own country with my husband.

sarahandco

I mean he has a schengan visa for spain.

Jerseygirl

Hello and welcome to BE.

I'm sorry to hear about your situation. Hopefully the people who post in our Moving Back To The UK Forum will be able to help you...therefore I am moving your post over to that forum. The people who post in the MBTTUK forum are very supportive and several are going through similar issues to yourself.

Good luck.

BristolUK

Plenty wanting to return with spouses are finding that to be the case and that their own country (and Formula) doesn't want them.

SanDiegogirl

Presume you are talking about the Surinder Singh ruling whereby UK nationals working and living in an EU country - exercising their rights of free movement - return to the UK and family members enter on an EEU family permit.

It would appear that you can enter the UK under this ruling.

Whether or not you will be able to claim benefits (housing itself and housing benefit as per you posting) will be decided once you apply to the relevant offices.

http://www.gherson.com/news-articles...er-limit-2797/

sarahandco

Yes, thank you, this is the way in which we are going to enter, but as you can imagine my primary concern is eligibility to housing benefit. I have looked on the government website which is very informative and includes an online benefit adviser which roughly calculates which and how much benefit you may be entitlement depending on the information you give (see link), but unfortunately does not extend as far as to help with regards to expats eligibility. If there is anyone who works or has worked in the system could help regarding this matter i would be greatly appreciative.

http://www.direct.gov.uk/en/MoneyTax...its/DG_4016805

BristolUK

The Habitual Residence Test (HRT) will be an aspect for you. There are loads of threads about it.

Basically you need to be accepted as ordinarily resident and it's supposed to be more straightforward for Brits returning but it isn't. Often people are made to wait for a "qualifying period" even though there is no such thing.

You'll need to apply for JSA (assuming you don't have tons of cash tucked away) and you can either seek privately rented accommodation or apply via the local authority - and that could include Housing Associations too.

As far as HRT goes you need to collect 'evidence' to back up your intention to reside in the UK rather than just visiting.

This would include steps taken prior to arrival such as ending employment/lease in Spain (or selling the home) having arranged for all your belongings to be in the UK and not Spain, details of accommodation/job search.

If you had housing arranged before any of this, so much the better.

Having family in the UK will help your HRT case.

Things that could cause difficulty - applying for benefits 5 minutes after arrival ; your husband not being in the UK at the same time; indignantly saying "But I'm British" when asked about intentions

Benefits wise you'll effectively be treated as a lone parent.

Income/Housing Benefit/Housing Assistance will depend on satisfying the HRT.

mikelincs

If you have bank accounts in Spain, even as joint ones, it may be advisable to have your name removed from the account as this is certainly something you will be asked about in relation to benefits

sarahandco

Thank you, both, most helpful.

BristolUK

Two things.

Closing said bank accounts would actually support the UK residency intentions. You're leaving Spain, so why keep accounts open?

Although a couple is effectively treated as a single person where one spouse has no recourse to public funds, they can still look at resources for the spouse excluded from benefits, so it would make no difference whether there was a joint account or separate accounts.

Three things

Any money held is going to come in handy - rent deposit, car etc so it's also going to strengthen the case for settling back into UK life.

sarahandco

I actually have a mortgage with my ex husband. in which via Spanish law we are both legally responsible to pay 50/50. Its a house i can neither sell with the current market, nor rent out to others. Even if i could sell it it wouldnt make enough to pay off the mortgage. Do i have to tell them about this? I'm worried it will mess everything up for us. Its such a weight round my neck.

formula

Yes. It's benefit fraud if you don't and this may came back to bite you as technology catches up.

With no equity in the property, then it isn't going to make any difference to your capital assests for your benefit claims. So just tell them about it.

How are you going to pay the mortgage on the Spanish property if you don't have a job? You might want to look on some UK/Spain property boards, to see how that will affect you if you don't keep up with your mortgage payments.

formula

If you worked so your non-EU spouse could come to the UK to live BristolUK, then it won't be a problem, will it. With the new UK immigration rules, the government have made it quite clear they welcome the workers or those have have that attitude (have worked and now have savings). If you don't fit into that group, then you can hardly blame others for that.

However, Sarahandco can use the EEA route, if she has been exercising her EU workers rights in Spain. No doubt something else for BristolUK to moan about.