British Expats

British Expats (https://britishexpats.com/forum/)
-   Moving back or to the UK (https://britishexpats.com/forum/moving-back-uk-61/)
-   -   What qualifies you as an expat? (https://britishexpats.com/forum/moving-back-uk-61/what-qualifies-you-expat-874738/)

usanomad Mar 22nd 2016 8:58 pm

What qualifies you as an expat?
 
Hi, all! I'm a US citizen, and my partner is a UK citizen. We live a fairly nomadic lifestyle right now, and I imagine that after we get married, we will probably spend a couple years in the US, then a couple years in the UK, etc. and flip back and forth (as well as traveling the world) for a while. However, I just found out that the NHS has cut benefits for returning expats, and they have to wait for 6 months after firmly moving back to the UK. So...can anyone explain more? Here are some specific questions:
1. What qualifies you as an expat? If we have a "permanent" UK address, such as his parents' house, or a house we own and rent out, would we just be normal UK citizens? How long would we have to be away to be expats and lose our NHS rights?
2. If we moved back after being expats, would we have to prove we were going to stay in the UK forever, or could we just wait our 6 months, get our NHS rights back, leave after couple years, and then repeat when we wanted to come back?

Thanks!

Jerseygirl Mar 22nd 2016 9:08 pm

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903011)
Hi, all! I'm a US citizen, and my partner is a UK citizen. We live a fairly nomadic lifestyle right now, and I imagine that after we get married, we will probably spend a couple years in the US, then a couple years in the UK, etc. and flip back and forth (as well as traveling the world) for a while. However, I just found out that the NHS has cut benefits for returning expats, and they have to wait for 6 months after firmly moving back to the UK. So...can anyone explain more? Here are some specific questions:
1. What qualifies you as an expat? If we have a "permanent" UK address, such as his parents' house, or a house we own and rent out, would we just be normal UK citizens? How long would we have to be away to be expats and lose our NHS rights?
2. If we moved back after being expats, would we have to prove we were going to stay in the UK forever, or could we just wait our 6 months, get our NHS rights back, leave after couple years, and then repeat when we wanted to come back?

Thanks!

Hello...welcome to BE.

As you are considering moving to the US with your UK partner...you may want to post in our US Forums. Below is the link to the US forums...at the top of the page you will see an index to the various US forums. Questions regarding a visa for your future husband should be posted in the US Marriage Based Visas forum.

USA - British Expats

In the meantime...I'm sure someone will be along soon to help you regarding your questions about UK residence.

scot47 Mar 22nd 2016 9:17 pm

Re: What qualifies you as an expat?
 
I have not heard of a waiting period for returnees to get NHS treatment.


https://www.citizensadvice.org.uk/he...e-from-abroad/

SanDiegogirl Mar 22nd 2016 9:33 pm

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903011)
Hi, all! I'm a US citizen, and my partner is a UK citizen. We live a fairly nomadic lifestyle right now, and I imagine that after we get married, we will probably spend a couple years in the US, then a couple years in the UK, etc. and flip back and forth (as well as traveling the world) for a while. However, I just found out that the NHS has cut benefits for returning expats, and they have to wait for 6 months after firmly moving back to the UK. So...can anyone explain more? Here are some specific questions:


Thanks!


Unless you are both dual citizens of US and UK you won't be able to flip back and forth as you wish. Your US wife will only be able to visit the UK up to 6 months, and you will only be able to visit the US for up to 90 days.

A stay in either country longer than that requires visas; additionally, even if you get a visa for a longer stay in either country, leaving said country for two years and over (maybe even one year for US visa) will lapse your visas.

YOU, the Brit, are eligible for the NHS as soon as you are permanently resident, your wife will not be eligible for the NHS as a visitor.

Bermudashorts Mar 22nd 2016 9:43 pm

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903011)
Hi, all! I'm a US citizen, and my partner is a UK citizen. We live a fairly nomadic lifestyle right now, and I imagine that after we get married, we will probably spend a couple years in the US, then a couple years in the UK, etc. and flip back and forth (as well as traveling the world) for a while. However, I just found out that the NHS has cut benefits for returning expats, and they have to wait for 6 months after firmly moving back to the UK. So...can anyone explain more? Here are some specific questions:
1. What qualifies you as an expat? If we have a "permanent" UK address, such as his parents' house, or a house we own and rent out, would we just be normal UK citizens? How long would we have to be away to be expats and lose our NHS rights?
2. If we moved back after being expats, would we have to prove we were going to stay in the UK forever, or could we just wait our 6 months, get our NHS rights back, leave after couple years, and then repeat when we wanted to come back?

Thanks!

You cannot pretend to be resident by using somebody else's address and even having a house of your own in the country does not make you a resident.

The good news is that whatever you have been told about using NHS is complete nonsense. If you are in UK on a holiday then you are not eligible for NHS, however if you return to live here then you can access NHS from day one.

Novocastrian Mar 22nd 2016 10:32 pm

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903011)
Hi, all! I'm a US citizen, and my partner is a UK citizen. We live a fairly nomadic lifestyle right now, and I imagine that after we get married, we will probably spend a couple years in the US, then a couple years in the UK, etc. and flip back and forth (as well as traveling the world) for a while. However, I just found out that the NHS has cut benefits for returning expats, and they have to wait for 6 months after firmly moving back to the UK. So...can anyone explain more? Here are some specific questions:
1. What qualifies you as an expat? If we have a "permanent" UK address, such as his parents' house, or a house we own and rent out, would we just be normal UK citizens? How long would we have to be away to be expats and lose our NHS rights?
2. If we moved back after being expats, would we have to prove we were going to stay in the UK forever, or could we just wait our 6 months, get our NHS rights back, leave after couple years, and then repeat when we wanted to come back?

Thanks!

That's the least of your problems.

usanomad Mar 22nd 2016 11:40 pm

Re: What qualifies you as an expat?
 

Originally Posted by scot47 (Post 11903032)
I have not heard of a waiting period for returnees to get NHS treatment.


https://www.citizensadvice.org.uk/he...e-from-abroad/

I read a few articles similar to this: British expats from outside Europe must pay for NHS hospital care - Telegraph

Did I misinterpret it? Clarification would be helpful. Thanks!

Jerseygirl Mar 22nd 2016 11:44 pm

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903128)
I read a few articles similar to this: British expats from outside Europe must pay for NHS hospital care - Telegraph

Did I misinterpret it? Clarification would be helpful. Thanks!

The clue is in...

A bill for 150 per cent of the cost of treatment will be handed to Britons LIVING OUTSIDE the European Economic Area if they don't have insurance

Pulaski Mar 22nd 2016 11:59 pm

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903128)
I read a few articles similar to this: British expats from outside Europe must pay for NHS hospital care - Telegraph

Did I misinterpret it? Clarification would be helpful. Thanks!

The last time I checked, the Telegraph is a newspaper, not a source of legal advice. No matter how "credible" the newspaper I wouldn't trust it for advice on so much as tying my shoelaces.

I was involved in a major news story back in the 1990's and knowing the facts of the story "from the inside" I was shocked at the utter tripe, often well-intentioned and published in good faith, but still twaddle, published by generally reputable newspapers upto and including the Telegraph, Times, Financial Times, and NY Times. I have never trusted a newspaper since then to get the precise facts right on anything.

Helen1964 Mar 23rd 2016 5:42 am

Re: What qualifies you as an expat?
 
Well, you've passed the first test, which is the ability to spell "expat".
You'd be amazed how many people write "ex-pat".

robin1234 Mar 23rd 2016 9:01 am

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903011)
Hi, all! I'm a US citizen, and my partner is a UK citizen. We live a fairly nomadic lifestyle right now, and I imagine that after we get married, we will probably spend a couple years in the US, then a couple years in the UK, etc. and flip back and forth (as well as traveling the world) for a while. However, I just found out that the NHS has cut benefits for returning expats, and they have to wait for 6 months after firmly moving back to the UK. So...can anyone explain more? Here are some specific questions:
1. What qualifies you as an expat? If we have a "permanent" UK address, such as his parents' house, or a house we own and rent out, would we just be normal UK citizens? How long would we have to be away to be expats and lose our NHS rights?
2. If we moved back after being expats, would we have to prove we were going to stay in the UK forever, or could we just wait our 6 months, get our NHS rights back, leave after couple years, and then repeat when we wanted to come back?

Thanks!

Here's one possible timeline for you;

1. Get married.
2. Obtain a visa for your wife to come to the U.S. as a permanent resident.
3. After 3 years as a permanent resident, she can apply to become a U.S. citizen.
4. Once she's a U.S. citizen, she can move back to the UK and apply for a spouse visa to enable you to come and live in the UK as a permanent resident.
5. After six years of living in UK, you can become a British citizen. (Not sure about the six year figure, others on here will have the correct figure.)
6. You are now both dual citizens, so can spend extended periods in UK, US at will.

SO - this is about an 11 or 12 year path to dual citizenship (3 plus 6 years plus various application periods of six months or a year.)
During this (let's say) 12 year period you can, of course, take a few weeks holiday abroad each year, but you basically have to be living and working in the applicable country of residence, in order to meet the residence requirement to retain the residence visa AND qualify for citizenship in the shortest time possible.

So it's doable, but will take a decade or more before you're footloose and fancy free. Healthcare will be one of the pitfalls you'll come across, yes..

usanomad Mar 23rd 2016 11:32 am

Re: What qualifies you as an expat?
 

Originally Posted by robin1234 (Post 11903389)
Here's one possible timeline for you;

1. Get married.
2. Obtain a visa for your wife to come to the U.S. as a permanent resident.
3. After 3 years as a permanent resident, she can apply to become a U.S. citizen.
4. Once she's a U.S. citizen, she can move back to the UK and apply for a spouse visa to enable you to come and live in the UK as a permanent resident.
5. After six years of living in UK, you can become a British citizen. (Not sure about the six year figure, others on here will have the correct figure.)
6. You are now both dual citizens, so can spend extended periods in UK, US at will.

SO - this is about an 11 or 12 year path to dual citizenship (3 plus 6 years plus various application periods of six months or a year.)
During this (let's say) 12 year period you can, of course, take a few weeks holiday abroad each year, but you basically have to be living and working in the applicable country of residence, in order to meet the residence requirement to retain the residence visa AND qualify for citizenship in the shortest time possible.

So it's doable, but will take a decade or more before you're footloose and fancy free. Healthcare will be one of the pitfalls you'll come across, yes..

Thank you so much!! This is so helpful! Bookmarking.:goodpost:

Bermudashorts Mar 23rd 2016 1:51 pm

Re: What qualifies you as an expat?
 

Originally Posted by usanomad (Post 11903481)
Thank you so much!! This is so helpful! Bookmarking.:goodpost:

Well it might be a helpful post. But step 4 might be more complicated than you would think and I am struggling to see what it has to do with your first post about access to NHS. :unsure:

usanomad Mar 23rd 2016 2:20 pm

Re: What qualifies you as an expat?
 

Originally Posted by Bermudashorts (Post 11903614)
Well it might be a helpful post. But step 4 might be more complicated than you would think and I am struggling to see what it has to do with your first post about access to NHS. :unsure:

What about step 4 is going to be complicated? If you can share your knowledge, that would be great. Thanks!

usanomad Mar 23rd 2016 2:27 pm

Re: What qualifies you as an expat?
 

Originally Posted by Novocastrian (Post 11903090)
That's the least of your problems.

OK, so what problems do you anticipate? Thanks for your help.


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