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Considering moving back to the UK from US after 10 years

Considering moving back to the UK from US after 10 years

Old Aug 8th 2013, 4:18 am
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Default Considering moving back to the UK from US after 10 years

Hi Guys

So, my boyfriend and I (both UK Citizens) have been working and living in the US for around 10 years. My Parents are approaching the golden age of 70, and I am aware that their health is deteriorating. Despite having a reasonably good life here in TX, we are thinking about moving back to help take care of them. We have tried to research as much as possible on line, but the information is somewhat overwhelming, and I thought I would see if anyone here could answer a few questions for us:
1 - We are planning on taking back 2 dogs, 45-50lbs each. They need to fly from TX to either Birmingham or Heathrow. There would probably be a transfer in Chicago or Newark. Can anyone suggest a competent US company to handle all the work?

2 - Did anyone chose to handle shipping their pets themselves? Why? Was it easy ? How much did you save?

3- We would probably have to pass the Habitual Residency Test. I have read that they can hold your paperwork back upto 6 months before approval to make sure you are staying. Anyone have any experience with this?

4 - We will not have jobs when we move back. We will crash at my parents house but we will be sleeping on floor/sofa. I think the most my parents could cope with would be about a month of us living there. What chance would we have of getting social housing? Should we declare ourselves homeless?

5- We were thinking that we would have to save enough money to pay a years rent on a property, since the landlord would be renting to people with no income. How likely is it that the landlord would rent to us? Would we need a guarantor? If we get housing benefit, is it paid to the claimant or the landlord? I would hate to pay the landlord one years rent in full and then not get it back.

6 - We were thinking that we would need at least 2 months living expenses money put by until we get some sort of job. I would be looking for an office job and my Boyfriend would take pretty much anything. He is a mechanic by trade but now he is coming up for 55 he really would like to do something different. He was thinking of looking for work as a driver or stocker or something like that. What did you budget when you moved back?

Any answers to any of the above gratefully received.

Overwhelmed of Texas,
Faiy.
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Old Aug 8th 2013, 5:36 am
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Default Re: Considering moving back to the UK from US after 10 years

Where in the UK are you planning to move to? Living expenses, availability of housing and job opportunities vary a lot round the country.

Not sure what you mean by The Habitual Residency test. What paperwork do you think needs to be done when you arrive in the UK that could be held up by this?
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Old Aug 8th 2013, 6:46 am
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Default Re: Considering moving back to the UK from US after 10 years

We would be moving to Mansfield, Notts.

From http://www.housing-rights.info/habit...dence-test.php

"What is 'habitual residence'?

The purpose of the test is to stop someone claiming social benefits immediately when they enter the UK (for example, if they have a right of abode as British Citizen but have never lived here or have not lived here for a long time).

The term ‘habitual residence’ is not defined. It is decided by looking at all the facts of the case but no single list can be drawn up to govern all cases. However, the DWP gives good general guidance (pdf) (paragraphs C4.87-106).

There are two elements to the phrase ‘habitual residence’

'residence': the person must be actually resident – mere intention to live here is not sufficient nor is mere presence
'habitual': there must be a degree of permanence about the residence - it implies a settled state in which the person is making their home here.

Gaining habitual residence

A person who leaves another country with the intention to settle in the UK does not become habitually resident immediately on arrival. Instead there are two main requirements (R(IS) 6/96):

residence must be for an ‘appreciable period of time’
there must be an intention to settle in the UK.


There is no fixed period that qualifies as an ‘appreciable period of time’. It will vary according the facts of the case taking account of the length, continuity and nature of the residence: (R(IS) 6/96). For example, is there any previous residence and what was it for (e.g. a holiday)? However, benefits case law suggests that the period lies between one and three months: CIS/4474/2003. Although no one factor decides what is an appreciable period of time, DWP guidance (see link above, paragraphs C4.85-86) suggests that the main factors likely to be relevant are:

length and continuity of residence
reasons for coming to the UK
future intentions
employment prospects, and
centre of interest.

The guidance explains these in more detail and provides helpful examples of each.
Losing habitual residence

Habitual residence can be lost in a single day, for example if someone leaves the UK with the intention to settle long-term in another country."


So passing this test would seem to be needed in order to qualify for any housing or unemployment or job-seeker related benefits
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Old Aug 8th 2013, 8:52 am
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Default Re: Considering moving back to the UK from US after 10 years

I think you would have almost zero chance of social housing pretty much anywhere in the UK. The waiting lists are just so long.

If you are able to have savings that would equate to a year's rent, then I would also imagine that you would have capital above the thresholds for means tested benefits, so the habitual residence test is not likely to be an issue either.

Take a look at the benefit calculator and see what you think... https://www.gov.uk/benefits-adviser
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Old Aug 8th 2013, 1:50 pm
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Default Re: Considering moving back to the UK from US after 10 years

If I were you I would batten down the hatches and save, save, save while still living in the US then go home to the UK with enough money saved up so you could live for six months or a year. That way you wouldn't have to worry about habitual residency, bureaucracy, or benefits.
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Old Aug 8th 2013, 1:52 pm
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Default Re: Considering moving back to the UK from US after 10 years

Yes, we have already started to sell off our stuff, in order to have the one years rent, 2 months living expenses and 2 months boarding for the dogs, and enough money to purchase a car put by...
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Old Aug 8th 2013, 2:14 pm
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Default Re: Considering moving back to the UK from US after 10 years

Saving up is the best course of action, it won't be easy to find a job right away. Good luck with your move!
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Old Aug 8th 2013, 4:30 pm
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Default Re: Considering moving back to the UK from US after 10 years

Yes, sorry I was confused by your statement that you'd save enough for a year's rent. Didn't occur to me you were also thinking about benefits.
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Old Aug 8th 2013, 9:12 pm
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Default Re: Considering moving back to the UK from US after 10 years

We are in the process of moving. My hubby (the Brit) is already over there. He found a flat for us, and even though we were last over there in mid-2011, they wanted us to pay 3months rent up front since they wouldn't be able to do a credit check. We had his folks be a guarantor for us, since we couldn't cough up enough to pay the 3months. Obviously every agency will be different, but this gives an idea of what you could be facing.
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Old Aug 9th 2013, 3:01 am
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Default Re: Considering moving back to the UK from US after 10 years

Originally Posted by rebs View Post
I think you would have almost zero chance of social housing pretty much anywhere in the UK. The waiting lists are just so long.

If you are able to have savings that would equate to a year's rent, then I would also imagine that you would have capital above the thresholds for means tested benefits, so the habitual residence test is not likely to be an issue either.

Take a look at the benefit calculator and see what you think... https://www.gov.uk/benefits-adviser
From the benefits adviser :

"About your income
Is the value of any household savings or assets more than £16,000? Don't count child savings or your main home assets could include: cash, shares, land, holiday home (eg £500.00)
Yes No"

we were planning on 12 months x400.00 rent = which only brings us to 4,800, and then 3-4000 for a car so we are no where near the 16,000 limit.

We would be claiming Income Based Support. The calculator is very helpful!!!
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Old Aug 9th 2013, 3:09 am
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Default Re: Considering moving back to the UK from US after 10 years

If you have been resident in the US for the last ten years make sure you understand your US tax and immigration status. If you do nothing you will continue to be liable for US taxes. I assume you have green cards and at some point the INS will revoke them if you no longer live in the US. You can file form 8854 with the IRS and form I-407 with INS to inform them of your intention to expatriate.....but be careful once the green card is gone it will be difficult to get another.
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Old Aug 9th 2013, 3:30 am
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Default Re: Considering moving back to the UK from US after 10 years

I was thinking we would file our taxes in 2014 and then probably leave early in that year. I wasn't thinking we would need to file any taxes in 2015. Is there an issue if we leave and don't notify the IRS? We have no intention of going back to the US so the revocation of a green card wouldn't be an issue.
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Old Aug 9th 2013, 3:39 am
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Default Re: Considering moving back to the UK from US after 10 years

If you have had a Green Card for more than 8 years, there is a form you need to file with the IRS. You also should file a form to formally surrender your Green Card (which can be done at the US embassy).

Abandonment of Green Card
http://london.usembassy.gov/dhs/uscis/abandon.html

Green Card Taxes, Form 8854
http://www.visataxes.com/Green-Card-Taxes.php

While you have "no intention" of returning, you might want to think about this in a bit more detail. There are some who have returned only to discover that things didn't work out quite as they had hoped. If you don't foresee the tax issues being too onerous, you might consider applying for a re-entry permit on the Green Card which would give you another year or two to be overseas with the right to return if things don't work out as planned.

Basically, keeping your options open might be worthwhile.
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Old Aug 9th 2013, 3:40 am
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Default Re: Considering moving back to the UK from US after 10 years

Originally Posted by Faiythe View Post
I was thinking we would file our taxes in 2014 and then probably leave early in that year. I wasn't thinking we would need to file any taxes in 2015. Is there an issue if we leave and don't notify the IRS? We have no intention of going back to the US so the revocation of a green card wouldn't be an issue.
The IRS will consider you to be US tax resident until you file form 8854 and if your intention is to give up the green card you should file I-407 with the INS. Doing nothing will leave you open to US taxation.
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Old Aug 9th 2013, 3:41 am
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Default Re: Considering moving back to the UK from US after 10 years

Originally Posted by penguinsix View Post
If you have had a Green Card for more than 8 years, there is a form you need to file with the IRS. You also should file a form to formally surrender your Green Card (which can be done at the US embassy).

Abandonment of Green Card
http://london.usembassy.gov/dhs/uscis/abandon.html

Green Card Taxes, Form 8854
http://www.visataxes.com/Green-Card-Taxes.php

While you have "no intention" of returning, you might want to think about this in a bit more detail. There are some who have returned only to discover that things didn't work out quite as they had hoped. If you don't foresee the tax issues being too onerous, you might consider applying for a re-entry permit on the Green Card which would give you another year or two to be overseas with the right to return if things don't work out as planned.

Basically, keeping your options open might be worthwhile.
Good advice!
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