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We're back safe and sound!!! Beware of the Habitual Resident test!!!

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Old Jul 16th 2009, 5:34 pm
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by old fat biker bloke
Thanks for the compliment livinginreality - She's a 1950 Vincent Comet 500cc single, the second love of my life!! :O)
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Old Jul 16th 2009, 5:46 pm
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by old fat biker bloke
Hi Bromleygirl - I'm learning about this all the time; can you expand on 'the swaddling decision' for me please & thank you.
Looks like you beat me to it! If you do run into any probs with the DWP just state that you are going to refer the matter to your MP - you would be surprised how fast things start moving then!
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Old Jul 17th 2009, 4:39 am
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by bromleygirl
Looks like you beat me to it! If you do run into any probs with the DWP just state that you are going to refer the matter to your MP - you would be surprised how fast things start moving then!
Uh oh, the plot thickens - As I understand it the 'Swaddling case' is only relevant within the EU... Thought/comments pse!!
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Old Jul 17th 2009, 4:42 am
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by old fat biker bloke
Uh oh, the plot thickens - As I understand it the 'Swaddling case' is only relevant within the EU... Thought/comments pse!!
The UK is within the EU ... or are you saying it's only relevant for poeple moving back to the UK from within the EU?
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Old Jul 17th 2009, 4:53 am
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by dunroving
The UK is within the EU ... or are you saying it's only relevant for poeple moving back to the UK from within the EU?
The latter - it only works within member states, so I am told....
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Old Jul 17th 2009, 2:20 pm
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by old fat biker bloke
Hello John - Thanks for the reply!! Have a look at the following link, it kinda sums it up!!

http://www.adviceguide.org.uk/index/...kers_allowance

There are a few other threads on here discussing this but to the best of my knowledge youy need to prove BEYOND DOUBT you have completely cut ties with where you were living - Sold property if you had it, closed bank accounts etc.

In my case I would have thought shipping all my belongings home was proof enough!!!

All the best on your impending return!!!
If you have maintained some links with the UK such as a house or a Bank Account, I think you would pass the habitual residency test as it shows you did intend to return at some point. You shouldn't have to sell up. Many people have second homes in another country.
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Old Jul 19th 2009, 2:55 am
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

good to hear you are back....so Did you sell the ol'homestead in Niagara...we just took a holiday up that way...simply gorgeous!

WE are heading back end of August...my stomach is in knots..gulp! any advise?
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Old Jul 20th 2009, 2:16 am
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by dewdrop
good to hear you are back....so Did you sell the ol'homestead in Niagara...we just took a holiday up that way...simply gorgeous!

WE are heading back end of August...my stomach is in knots..gulp! any advise?
Hey Dewdrop - Nice to hear from you again!!! House is back on the market, let me know if you know anyone looking around that way

We again set ourselves a tight deadline so were too busy organising to get too worried - We used Crown Relocations who were very good and reasonably priced. I have contacts in the shipping world and had arranged our own container so I mentioned this several times when the guy came round. Only reason we didn't self-ship was we had the fear of God put into us about HMC&E going through everything and charging us for their trouble. This & the cost of getting the pwk done meant the Crown guys were worth the extra few hundred dollars!!

Not sure if you'll have pre-arranged employment but do bear in mind the thrust of this thread, the HRT, if you don't!! I just spent the morning at the DWP and got a manager there to get the HRT people on the phone. They claimed not to have the form I sent 7 weeks ago so I had to re-submit it via fax....

Off to see our jolly old MP to get him on the case on Friday

We are so glad to be home - Loved Canada but love the UK more!!!

Keep me updated on your progress pse
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Old Jul 20th 2009, 6:29 am
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by old fat biker bloke
Hey Dewdrop - Nice to hear from you again!!! House is back on the market, let me know if you know anyone looking around that way

We again set ourselves a tight deadline so were too busy organising to get too worried - We used Crown Relocations who were very good and reasonably priced. I have contacts in the shipping world and had arranged our own container so I mentioned this several times when the guy came round. Only reason we didn't self-ship was we had the fear of God put into us about HMC&E going through everything and charging us for their trouble. This & the cost of getting the pwk done meant the Crown guys were worth the extra few hundred dollars!!

Not sure if you'll have pre-arranged employment but do bear in mind the thrust of this thread, the HRT, if you don't!! I just spent the morning at the DWP and got a manager there to get the HRT people on the phone. They claimed not to have the form I sent 7 weeks ago so I had to re-submit it via fax....

Off to see our jolly old MP to get him on the case on Friday

We are so glad to be home - Loved Canada but love the UK more!!!

Keep me updated on your progress pse

Never heard of hrt????
do I need it? or OH?
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Old Jul 20th 2009, 6:47 am
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by dewdrop
Never heard of hrt????
do I need it? or OH?
Only if you need to 'sign on' whilst looking for work - It's designed to stop 'benefit tourists' bleeding the system, as I understand it. Problem is DWP seem only too willing to apply it to everyone.

In reality there's nothing to stop anyone passing it from shooting through some time in the future if they wish....

Lot's of thoughts on it - some say DWP are wrong, Brit's are 'Habitually resident' the moment they return, others don't. Having looked into it a bit there seems to be no real precedent just 'guidance'....

Confused?? You may be.....
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Old Jul 21st 2009, 11:24 am
  #26  
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Well I'm certainly confused! I was told when last there that we've no need to take the test as we won't be applying for benefits. We're not closing our Aussie accounts and won't be selling our home here...crikey, do you think we'll run into problems?
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Old Jul 21st 2009, 7:04 pm
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by ezzie
Well I'm certainly confused! I was told when last there that we've no need to take the test as we won't be applying for benefits. We're not closing our Aussie accounts and won't be selling our home here...crikey, do you think we'll run into problems?
I think you're right - you only need to take the HRT if you are planning to claim unemployment benefits. If you're returning and not putting in a 'claim' you just land and resume your UK life. Not sure what the situation is regarding 'Child Benefit' however....
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Old Jul 22nd 2009, 6:38 am
  #28  
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by old fat biker bloke
I think you're right - you only need to take the HRT if you are planning to claim unemployment benefits. If you're returning and not putting in a 'claim' you just land and resume your UK life. Not sure what the situation is regarding 'Child Benefit' however....
Child benefit is one of the easiest things to claim - have a look here for more information.
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Old Jul 22nd 2009, 6:18 pm
  #29  
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Hi all! This is my first post here, so please be gentle with me.

I'm planning to return to the UK from Hungary soon due to the pending collapse of my business here.

Clearly, I am in financial dire straights (no real debt, but struggling to keep it that way) and would require a little help from the benefits system just to get me on my feet. I have no intention of sapping the system forever, I just want to know that I can feed myself until I find another job.

What advice can you give me as to the 'right way' to handle the HRT?

A good friend of mine returned to the UK and experienced many problems with the system. He ended up living in B and B accommodation. I would really like to avoid this, so any advice would be greatly appreciated.
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Old Jul 22nd 2009, 9:12 pm
  #30  
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Default Re: We're back safe and sound!!! Beware of the Habitual Resident test!!!

Originally Posted by Mousetower
Hi all! This is my first post here, so please be gentle with me.

I'm planning to return to the UK from Hungary soon due to the pending collapse of my business here.

Clearly, I am in financial dire straights (no real debt, but struggling to keep it that way) and would require a little help from the benefits system just to get me on my feet. I have no intention of sapping the system forever, I just want to know that I can feed myself until I find another job.

What advice can you give me as to the 'right way' to handle the HRT?

A good friend of mine returned to the UK and experienced many problems with the system. He ended up living in B and B accommodation. I would really like to avoid this, so any advice would be greatly appreciated.

Hello & welcome!! - OK, I stand to be corrected but I believe 'The Swaddling Case' will be in your favour as Hungary is a member state of the EU. My problem is coming back from Canada so 'Swaddling' doesn't count...

If I were you I'd get in touch with the MP wherever you're planning to settle and get him/her on the case BEFORE you come back!

Good luck, you may need it I'm afraid....
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