jjmadison

Hello, just wondering if anyone has any knowledge of the following matters:
My USC fiancee went to lawyer in USA today and we had a three way phone call.. 2 hours later just mind boggling for both of us - maybe the worry of it all....

1. As I am in receipt of Incapacity benefit in UK(Dept Works and Pensions do, I believe, pay it if I moved to USA) anyone in same situation or have any information, please?

2.Approaching pensionable age in UK what are my pension rights if I went to live in USA.

3.If I left UK, it says to notify Primary Care for my area - will I lose my right to health care in UK after a specified time if I go? Is there a way to avoid losing out?

4. The lawyer highlighted my situation about having proper cover to live in the USA - anyone know of any companies giving substantial cover for ex pats and roughly how much may be involved, please?

5.Lawyers says maybe come over for 2 weeks to USA August(not guaranteed I would get in then!!) but it could be next year before we could see each other, maybe after K1 visa approved to come over. Anyone in similar situation tried to come in whilst the application was in limbo? any suggestions.

Thanks for reading my pleas. Speaking to my ladyfriend across the pond tonight we both have more questions than answers.


Sorry its a bot of a dogs dinner of questions... just feeling befuddled .

Kind Regards JJMadison

meauxna

Are these US immigration questions? They look like UK-specific questions.
nvrmind.. I'm moving this to the USA forum based on your subject line.

Suggest you re-post Q5 in this forum with more detail attached.

dreamercon

If you leave the UK, you will lose your right to free health care in the UK. If you want to avoid losing free healthcare, stay in the UK.

jjmadison

The immigration lawyer said when all paperwork collated maybe 1 June when they would file case - I 294? cases were taking up to 6 months, could be lucky and make it in 4 and half months - then would come the London part for K1 so IF I was to be granted a visa could be well into 2010 before I could come to USA.

Lawyer's advice was to stay away all together, if possibe maybe meet on neutral territory because there was every chance notwithstanding we are spending substantial funds for the process, that I may fail to return to UK. ! She said maybe in August come over no longer than 3 weeks ! then wait until next year and hope K1 is approved.

So I expect its a big gamble to take the chance based on her advice, to come in on a wing and a prayer?

Anyone enduring this scenario? or has any viable suggestions please.

Thanks

meauxna

Those are the immigration questions; please post those in the marriage based immigration forum.

Your pension and healthcare questions can best be addressed here.

DeanUK2US

Don't you have to work 40 quarters (10 years) to be eligible for a pension in the USA? To come to the USA to live in the first place, wouldn't you have to invest and/or have a working life to contribute to the US economy? Luckily you're getting married, so that's a plus.

If I were in your shoes I'd stay in the UK for your situation because:

1. You are already receiving the benefits you require.
2. The UK is much smaller, so not so much of an effort to get anywhere.

Unless you are both rich, stay in the UK!

caleyjag

That is the first time I have heard that argument! Nice one.

purplecub

Hi jjmadison

I suggest you read 'SA33' which is public notice from the DWP about the social security agreement between the UK and the USA. You can download the form online.

Also, phone the DWP for advice about getting IB paid in the USA.

As others have said, you lose your right to free health care when you leave the UK. To get it again, you generally have to be back for at least 3 months and then show proof of residence e.g. poll tax bill, etc.

Good luck

lansbury

Your UK pension will be paid to you just as if you were living in the UK. This is for want of a better word the old age pension. When you leave the UK make sure you notify the overseas residents pension office in Newcastle and about 3 months before your pension is due you should get a claim form. If you didn't give them a US address when you left contact them about that time to claim. As you will be in the USA it increases just as it would if you were back home.

The disability benefits I'm not sure about but ring them and ask.

US social security depending on your future wifes age when she might claim it and a few other things it might be possible for you to also claim US social security linked to hers. I will get about 50% social security pension based on my wifes social security account..

DeanUK2US

That was the first little surprise for me when I went to the US, where popping over the road to the shop was at the very least 10-15 minutes!

Elvira

Do you have a source for this, and how is this calculated? I probably won't have enough quarters for a pension of my own. I thought that I could make up some of that via my husband's contribution, but I have never seen confirmation of this.

Jerseygirl

3 months...not heard that before...although someone in the MBTTUK forum today claimed it was 12 months. Please can you provide a link to the information?


Edit: You are entitled to free NHS care from the day you take up permanent residency in the UK...take a look at the first paragraph.

http://www.dh.gov.uk/en/Healthcare/E...able/DH_074376

purplecub

Jerseygirl


From the link you provided, this is the key phrase "If your intention is to live permanently in the UK you will be exempt from hospital charges from the date of your arrival in the country but you should expect to be asked to prove your intention and that you are legally entitled to live here".

One has to be able 'to prove the intention' which can be done, as I pointed out in my post above, for example by showing residence through a poll tax bill.

The '3 months' I mentioned is a figure that I have seen mentioned many times on my travels online seeking similar information as the OP. The consensus I have encountered seems to be that seeking to re-establish (free)access to the NHS much before 3 months re-arrival in the UK is slightly dodgy shall we say, especially with so many Brits now chosing to live abroad.

Btw, the 12 month period you heard about is probably this (again from the link you posted):

If you do not have an automatic right to take up permanent residence but have applied to the Home Office for leave to enter/remain on a settled basis, you will be chargeable for any hospital treatment up to the point your application is granted or until you accrue 12 months lawful residence in the UK.

Jerseygirl

It was the 3 months I was questioning...there is no mention of that or any other period of time on the NHS website. Sorry hearsay doesn't count.

purplecub

You also mentioned that someone had said about 12 months which is why I mentioned that.

3 months is the best advice I've come across. Otherwise, one is faced with the situation of asking for free NHS care when, as far the NHS is concerned, the person could simply just be visiting the UK to seek such care (whether they are a Brit citizen or not).

You mentioned "You are entitled to free NHS care from the day you take up permanent residency in the UK.". The context of this thread is about losing possible entitlement to free NHS care. Therefore the emphasis should, imo, be on this section of the link you posted above "you should expect to be asked to prove your intention and that you are legally entitled to live here".

I'm simply pointing out to the OP that the NHS nowadays are alert for people simply returning to the UK to seek treatment. If there's a suspicion that someone has 'recently' come back from abroad then they usualy get asked for evidence of residency.

3 months is the period I've seen mentioned most - meaning any period less than that in the UK for a returning Brit is likely to cause alarm bells to ring.

It's not a case of 'hearsay' but best practice and what happens in the real world. If all of us on these forums simply relied on the letter of the law or what a site says verbatim on a website then we wouldn't get very far, would we? I would have thought you'd know that