Bean78

Hi There,

I am new to the forum and am looking for some advice to my somewhat long winded story as to why I would like to return to the UK.

I am not actually a UK citizen but I am an EEA national married to a South African. We lived and worked in the UK from 2003 - 2013 , then we decided to move back to South Africa. My Husband has permanent UK residence but does not hold a UK passport and I am living in SA on a spousal visa. We have three children, one is 17 and a South African ( my step child), the other is British and on a relatives visa in SA and the last is born is South African , but also holds a german passport.

Our return to South Africa has unfortunately gone horribly wrong and we are in a dire financial situation due to unforseen circumstances and are now contemplating going back to the UK. Now my queries are:

If we have little/no money to go back with , will my husband and I be eligible for benefits until we get back on our feet with work?If so what would we likely qualify for based on our family. Will the kids get the same benefits if one is not english? We would initially only be moving back with the younger two children as the 17 year old is completing her final year of matric.

In addition, my sister and I have a mortgage in the UK , she currently lives in the property ( it is a one bedroom flat). It will not be possible for us to reside there due to space and the fact that we'd like to be based in London and the property is in reading. Could I still apply for housing benefit if I am a homeowner? if I went to the UK first with just the kids would I be eligible upon arrival for housing, my husband would still most likely need to tie up loose ends in SA? We'd initially stay with a friend.

Also due to our financial situation we were also unable to keep up our repayments on our english Credit cards and are likely to be blacklisted. How difficult do you think it will be to lease a property if we were not eligible for housing benefit in the first instance?

Any advice would be appreciated as I am so unsure of what is the best call of action.

Editha

The first question that arises is whether your step-daughter has a right to reside in the UK, since your husband is not a UK citizen. Hopefully one of the forum members who has expertise on immigration law will advise.

Secondly, the bad news is that neither your husband or yourself will be able to claim benefits for three months, so your hope of getting help until you get employment is likely to be dashed.

Sadly, there isn't good news to give you as regards housing either. I think you are right in thinking that your poor credit record will prevent you getting a tenancy easily, as will joblessness and ineligibility for benefits. Social housing is in short supply.

In the circumstances, how your jointly owned flat would be treated for the purposes of housing benefit is probably the least of your problems. If things are really desperate and you absolutely have to return to the UK, then I suggest you stay with friends or with your sister initially, and apply to your local social services department for whatever help they can give you.

SanDiegogirl

You say that your husband has permanent residence in the UK despite him being a South African and with no UK passport.

I understand this to mean that at some point he attained Indefinite Leave to Remain. However he has now been out of the UK for three years and that status, unless there are extenuating circumstances such as extremely strong ties to the UK, will have lapsed.

Therefore I suggest that you apply for a Family Permit (for him and the non Brit/non EU children) to enter the UK since you are an EU national.

Whether you will get benefits will only be assessed once you are in the UK.

inggris

If he attained a permanent residence card (EEA3), does being out of the UK for more than 3 years invalidate it?

BritInParis

More than two years, yes, same as ILR.

Bean78

Thanks for the information , it has been helpful. We travelled to the UK on a few occasions since we left , our last visit being in August last year. Does this not help in keeping our residence in the UK valid?

BritInParis

Possibly. Depends on how he was stamped in at the border on each occasion. Given that South African citizens are visa nationals it would bode well if he hadn't had to apply for a visa before travelling. That would suggest the Immigration Officer at the border was satisfied that he was still a permanent resident. Too late now but applying for British citizenship before he left would have made things a lot easier.

Bean78

No he didn't need to apply for a visa on any of his visits , so hopefully that means he still has indefinite leave to remain. I agree , we should have just applied for citizenship before we left, something we will do this time round.

HKG3

The OP's husband may need to live in the UK for another 5 years in order to apply for British Citizenship due to his long absence from the UK.

BritInParis

Indeed, it's academic really, since the OP's husband will need to complete another six years in the UK anyway to meet the residence requirements for naturalisation.

HKG3

Would the OP's husband be able to naturalise as a British Citizen after 5 years residence in the UK if he still retains his UK permanent residence?

BritInParis

Sorry, I didn't make that clear. Yes, if he retains his EEA PR, otherwise it'll be six years. He'll also need to meet the English language requirement and pass the Life in the UK test. This presumes the law remains the same.

formula

If they have missed that your husband's PR has expired, you will have a 3 month wait for benefits.

If they realise his PR has expired, then you will need use the EEA family permit. Since 2014, the UK have changed the rules for EEA citizens. EEA jobseekers now only get 6 months to find work in the UK before they lose the right to reside. No benefits for the first 3 months and then only JSA (no other benefits, not even for children) for the second 3 months. Then no benefits as the EU citizen has lost the right to reside as a jobseeker.
If you, the EEA citizen, finds a job earning the Minimum Income Floor (presently about £155 a week) then after 3 months you can claim UK benefits.




Claming benefits is nothing to do with the nationality of the child. It is the parents who claim and that is based on their status in the UK and any access to UK public funds.



I am fairly sure that you can't own a property and claim housing benefit as you are expected to live in your property or sell it and live off the sale money. You would need to ask the local council about that.

The other problem is you wanting to live in London. There is now a benefit cap which was reduced again this month. Even if you could claim full benefits, the benfits cap would mean you won't have enough to pay the high rents in London and pay your bills.


No. You can't claim for 3 months, maybe longer if you don't find a job and they realise his PR has expired. Plus you own a house. Can your sister buy you out?

formula

Ignoring the PR bit, would a SA citizen need a visa if they were visiting the UK with their EEA citizen partner?

BritInParis

Technically no. Practically speaking however they'd almost certainly need to apply for an EEA Family Permit beforehand as airlines would be reluctantly to allow a South African citizen to board a plane to the UK without a visa.