Returning to the UK after 8 years living in France.
Jul 5th 2016, 8:44 am
#1
Just Joined
Thread Starter
Joined: Jul 2016
Posts: 1
Returning to the UK after 8 years living in France.
I am new to this forum and I am in desperate need of some help.
I moved to France almost 8 years ago to be with my partner who is French.
We have a 6 year old son together who was born in France.
My partner and I have separated and I have decided to move back to the UK with our son. At this moment my ex partner is yet to decide weather he will take me to court to try and claim full custody of our son and I am aware of my rights in terms of me trying to leave France with our son without his concent. We are still living together in his property. I am self employed and am planning to close my business and plan to return to the UK in a few months when I have saved some money.
My question is, when I return to the UK, will I be entitled to any financial help? I have phoned the DWP, HMRC, Local council, child support agency, child tax credits and citizens advice bereau. I have had no answers from anyone. They have said they don't know. The child support agency told me that I would need to wait three months before I can attelp to claim child benefits. I was refused information from citizens advice by an automated service as I was calling from outside of the UK.
I am aware that because I have been out of the country for so long that I would be required to take the habitual residency test which I am sure to fail as I have been away for many years.
This is an incredibly scary time for me. It has taken me years to find the courage to leave my toxic relationship. I can't go back to the UK and upon arrival be told that I am entitled to nothing for a minimum of 3 months when I have a minor to care for. I need to know whats what so I can prepare myself.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
I moved to France almost 8 years ago to be with my partner who is French.
We have a 6 year old son together who was born in France.
My partner and I have separated and I have decided to move back to the UK with our son. At this moment my ex partner is yet to decide weather he will take me to court to try and claim full custody of our son and I am aware of my rights in terms of me trying to leave France with our son without his concent. We are still living together in his property. I am self employed and am planning to close my business and plan to return to the UK in a few months when I have saved some money.
My question is, when I return to the UK, will I be entitled to any financial help? I have phoned the DWP, HMRC, Local council, child support agency, child tax credits and citizens advice bereau. I have had no answers from anyone. They have said they don't know. The child support agency told me that I would need to wait three months before I can attelp to claim child benefits. I was refused information from citizens advice by an automated service as I was calling from outside of the UK.
I am aware that because I have been out of the country for so long that I would be required to take the habitual residency test which I am sure to fail as I have been away for many years.
This is an incredibly scary time for me. It has taken me years to find the courage to leave my toxic relationship. I can't go back to the UK and upon arrival be told that I am entitled to nothing for a minimum of 3 months when I have a minor to care for. I need to know whats what so I can prepare myself.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
Jul 5th 2016, 9:45 am
#2
Concierge
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,220
Re: Returning to the UK after 8 years living in France.
I am new to this forum and I am in desperate need of some help.
I moved to France almost 8 years ago to be with my partner who is French.
We have a 6 year old son together who was born in France.
My partner and I have separated and I have decided to move back to the UK with our son. At this moment my ex partner is yet to decide weather he will take me to court to try and claim full custody of our son and I am aware of my rights in terms of me trying to leave France with our son without his concent. We are still living together in his property. I am self employed and am planning to close my business and plan to return to the UK in a few months when I have saved some money.
My question is, when I return to the UK, will I be entitled to any financial help? I have phoned the DWP, HMRC, Local council, child support agency, child tax credits and citizens advice bereau. I have had no answers from anyone. They have said they don't know. The child support agency told me that I would need to wait three months before I can attelp to claim child benefits. I was refused information from citizens advice by an automated service as I was calling from outside of the UK.
I am aware that because I have been out of the country for so long that I would be required to take the habitual residency test which I am sure to fail as I have been away for many years.
This is an incredibly scary time for me. It has taken me years to find the courage to leave my toxic relationship. I can't go back to the UK and upon arrival be told that I am entitled to nothing for a minimum of 3 months when I have a minor to care for. I need to know whats what so I can prepare myself.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
I moved to France almost 8 years ago to be with my partner who is French.
We have a 6 year old son together who was born in France.
My partner and I have separated and I have decided to move back to the UK with our son. At this moment my ex partner is yet to decide weather he will take me to court to try and claim full custody of our son and I am aware of my rights in terms of me trying to leave France with our son without his concent. We are still living together in his property. I am self employed and am planning to close my business and plan to return to the UK in a few months when I have saved some money.
My question is, when I return to the UK, will I be entitled to any financial help? I have phoned the DWP, HMRC, Local council, child support agency, child tax credits and citizens advice bereau. I have had no answers from anyone. They have said they don't know. The child support agency told me that I would need to wait three months before I can attelp to claim child benefits. I was refused information from citizens advice by an automated service as I was calling from outside of the UK.
I am aware that because I have been out of the country for so long that I would be required to take the habitual residency test which I am sure to fail as I have been away for many years.
This is an incredibly scary time for me. It has taken me years to find the courage to leave my toxic relationship. I can't go back to the UK and upon arrival be told that I am entitled to nothing for a minimum of 3 months when I have a minor to care for. I need to know whats what so I can prepare myself.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
Jul 5th 2016, 10:04 am
#3
MODERATOR
Joined: Mar 2007
Location: Costa Valencia
Posts: 14,802
Re: Returning to the UK after 8 years living in France.
I am new to this forum and I am in desperate need of some help.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
Moderators deal with any problems that arise such as inappropriate posts, spammers etc, you will find their names at the bottom right hand side of each forum's index in bold font.
Please contact me if I can give you any further help.
Rosemary
Jul 5th 2016, 10:06 am
#4
MODERATOR
Joined: Mar 2007
Location: Costa Valencia
Posts: 14,802
Re: Returning to the UK after 8 years living in France.
There is a wealth of helpful information in this section of BE
Moving back to the UK - British Expats
Good luck
Rosemary
Moving back to the UK - British Expats
Good luck
Rosemary
Jul 5th 2016, 12:10 pm
#5
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,024
Re: Returning to the UK after 8 years living in France.
I am new to this forum and I am in desperate need of some help.
I moved to France almost 8 years ago to be with my partner who is French.
We have a 6 year old son together who was born in France.
My partner and I have separated and I have decided to move back to the UK with our son. At this moment my ex partner is yet to decide weather he will take me to court to try and claim full custody of our son and I am aware of my rights in terms of me trying to leave France with our son without his concent. We are still living together in his property. I am self employed and am planning to close my business and plan to return to the UK in a few months when I have saved some money.
My question is, when I return to the UK, will I be entitled to any financial help? I have phoned the DWP, HMRC, Local council, child support agency, child tax credits and citizens advice bereau. I have had no answers from anyone. They have said they don't know. The child support agency told me that I would need to wait three months before I can attelp to claim child benefits. I was refused information from citizens advice by an automated service as I was calling from outside of the UK.
I am aware that because I have been out of the country for so long that I would be required to take the habitual residency test which I am sure to fail as I have been away for many years.
This is an incredibly scary time for me. It has taken me years to find the courage to leave my toxic relationship. I can't go back to the UK and upon arrival be told that I am entitled to nothing for a minimum of 3 months when I have a minor to care for. I need to know whats what so I can prepare myself.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
I moved to France almost 8 years ago to be with my partner who is French.
We have a 6 year old son together who was born in France.
My partner and I have separated and I have decided to move back to the UK with our son. At this moment my ex partner is yet to decide weather he will take me to court to try and claim full custody of our son and I am aware of my rights in terms of me trying to leave France with our son without his concent. We are still living together in his property. I am self employed and am planning to close my business and plan to return to the UK in a few months when I have saved some money.
My question is, when I return to the UK, will I be entitled to any financial help? I have phoned the DWP, HMRC, Local council, child support agency, child tax credits and citizens advice bereau. I have had no answers from anyone. They have said they don't know. The child support agency told me that I would need to wait three months before I can attelp to claim child benefits. I was refused information from citizens advice by an automated service as I was calling from outside of the UK.
I am aware that because I have been out of the country for so long that I would be required to take the habitual residency test which I am sure to fail as I have been away for many years.
This is an incredibly scary time for me. It has taken me years to find the courage to leave my toxic relationship. I can't go back to the UK and upon arrival be told that I am entitled to nothing for a minimum of 3 months when I have a minor to care for. I need to know whats what so I can prepare myself.
My next question is, am I obliged to register my son when I return to the UK? I have read on direct.gov that I would need to pay £255 to register my son in the UK.
I feel overwhelmed with worry and any information would be very much appreciated. Thank you.
As your post contains quite a lot of information I will move it over to our Moving Back To The UK forum. I'm sure the people who hang out in that forum will be able to help answer your questions.
Good luck.
Jul 5th 2016, 1:20 pm
#6
Was in Canada, now home.
Joined: Aug 2011
Location: Devon
Posts: 3,388
Re: Returning to the UK after 8 years living in France.
Unfortunately, when you come back, you won't be entitled to Job Seeker's Allowance (JSA) for three months.
You may get other benefits providing you satisfy the habitual residency test, including child benefit and housing benefit. On the basis of the history you have described, you should be able to satisfy the test.
You will be entitled to free NHS treatment from the moment you arrive.
You do not have to register your son.
You may need some charitable help, e.g from food banks.
In view of your son's dual nationality, and Brexit, it would be advisable for you to obtain French citizenship before you leave France, if you have not done so already.
Good Luck.
You may get other benefits providing you satisfy the habitual residency test, including child benefit and housing benefit. On the basis of the history you have described, you should be able to satisfy the test.
You will be entitled to free NHS treatment from the moment you arrive.
You do not have to register your son.
You may need some charitable help, e.g from food banks.
In view of your son's dual nationality, and Brexit, it would be advisable for you to obtain French citizenship before you leave France, if you have not done so already.
Good Luck.
Jul 5th 2016, 1:29 pm
#7
Lost in BE Cyberspace
Joined: Jul 2016
Posts: 10,012
Re: Returning to the UK after 8 years living in France.
Unfortunately, when you come back, you won't be entitled to Job Seeker's Allowance (JSA) for three months.
You may get other benefits providing you satisfy the habitual residency test, including child benefit and housing benefit. On the basis of the history you have described, you should be able to satisfy the test.
You will be entitled to free NHS treatment from the moment you arrive.
You do not have to register your son.
You may need some charitable help, e.g from food banks.
In view of your son's dual nationality, and Brexit, it would be advisable for you to obtain French citizenship before you leave France, if you have not done so already.
Good Luck.
You may get other benefits providing you satisfy the habitual residency test, including child benefit and housing benefit. On the basis of the history you have described, you should be able to satisfy the test.
You will be entitled to free NHS treatment from the moment you arrive.
You do not have to register your son.
You may need some charitable help, e.g from food banks.
In view of your son's dual nationality, and Brexit, it would be advisable for you to obtain French citizenship before you leave France, if you have not done so already.
Good Luck.
Jul 5th 2016, 5:09 pm
#8
Was in Canada, now home.
Joined: Aug 2011
Location: Devon
Posts: 3,388
Re: Returning to the UK after 8 years living in France.
Sorry, but I was wrong, the three month rule also applies to child benefit. Also, for child benefit, you have to show that you are 'ordinarily resident', not 'habitually resident', though I don't think the difference between the two definitions is very significant.
As far as the habitual residence test is concerned, have a look at this page on the Citizen's Advice site. Certainly, a rental contract would be evidence.
What is the position over child maintenance from your spouse? It may affect your entitlement to benefits.
As far as the habitual residence test is concerned, have a look at this page on the Citizen's Advice site. Certainly, a rental contract would be evidence.
What is the position over child maintenance from your spouse? It may affect your entitlement to benefits.
Last edited by Editha; Jul 5th 2016 at 5:19 pm.
Jul 5th 2016, 5:31 pm
#9
Austin. TX.
Joined: Sep 2013
Posts: 5,930
Re: Returning to the UK after 8 years living in France.
Someone has asked me if I can help with a bit of advice for your situation. I lived in France for 11 years and unfortunately quite a few of the women I knew ended up going through divorce and custody issues.
The biggest issue you are facing is child custody. I can't repeat that enough. That issue will impact yours and your child's future and not just financially. You seem to be aware that you cannot remove your child from France without the father's permission. France takes this very, very, very, very seriously. You must sort this out in France. I can only stress that you get good legal advice before you do anything - and I mean anything. Before you wind up your business even. Depending on where you live, I may be able to help with a lawyer who should at least give you a first interview free of charge.
You say that you have "separated" - what do you mean by this? If you weren't married, were you PACS (or whatever it is?) . If this separation is something done legally then you will be aware that you must go to the mairie for authorisation to remove the child from the country. AFAIK, you won't be able to get your child through passport control without it. I only say "AFAIK" because no-one I know has been foolish enough to try.
The biggest issue you are facing is child custody. I can't repeat that enough. That issue will impact yours and your child's future and not just financially. You seem to be aware that you cannot remove your child from France without the father's permission. France takes this very, very, very, very seriously. You must sort this out in France. I can only stress that you get good legal advice before you do anything - and I mean anything. Before you wind up your business even. Depending on where you live, I may be able to help with a lawyer who should at least give you a first interview free of charge.
You say that you have "separated" - what do you mean by this? If you weren't married, were you PACS (or whatever it is?) . If this separation is something done legally then you will be aware that you must go to the mairie for authorisation to remove the child from the country. AFAIK, you won't be able to get your child through passport control without it. I only say "AFAIK" because no-one I know has been foolish enough to try.
Last edited by petitefrancaise; Jul 5th 2016 at 5:54 pm. Reason: more info
Jul 6th 2016, 6:24 am
#10
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,892
Re: Returning to the UK after 8 years living in France.
You say that you have "separated" - what do you mean by this? If you weren't married, were you PACS (or whatever it is?) . If this separation is something done legally then you will be aware that you must go to the mairie for authorisation to remove the child from the country. AFAIK, you won't be able to get your child through passport control without it. I only say "AFAIK" because no-one I know has been foolish enough to try.
This "sortie du territoire" had been abandoned in 2013, but is currently being reintroduced and is awaiting the Décrêt to be made law.
https://www.service-public.fr/partic...osdroits/F1359
If your lawyer is too far away, the Assistante Sociale at the OP's Mairie (or in the nearest town if she lives in a small Commune) will point her in the direction of a pro bono Avocat.
But she could post again in the France forum on all the problems at this end, giving more details about her legal status. There are knowledgeable members who could advise...
Jul 6th 2016, 10:57 pm
#11
Austin. TX.
Joined: Sep 2013
Posts: 5,930
Re: Returning to the UK after 8 years living in France.
Hi from the France Forum.
This "sortie du territoire" had been abandoned in 2013, but is currently being reintroduced and is awaiting the Décrêt to be made law.
https://www.service-public.fr/partic...osdroits/F1359
If your lawyer is too far away, the Assistante Sociale at the OP's Mairie (or in the nearest town if she lives in a small Commune) will point her in the direction of a pro bono Avocat.
But she could post again in the France forum on all the problems at this end, giving more details about her legal status. There are knowledgeable members who could advise...
This "sortie du territoire" had been abandoned in 2013, but is currently being reintroduced and is awaiting the Décrêt to be made law.
https://www.service-public.fr/partic...osdroits/F1359
If your lawyer is too far away, the Assistante Sociale at the OP's Mairie (or in the nearest town if she lives in a small Commune) will point her in the direction of a pro bono Avocat.
But she could post again in the France forum on all the problems at this end, giving more details about her legal status. There are knowledgeable members who could advise...
Jul 7th 2016, 7:01 am
#12
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,892
Re: Returning to the UK after 8 years living in France.
I believe it's being reintroduced primarily to prevent French minors from leaving France to join Daesh, but minors travelling without both parents will probably also be affected.
