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Claiming benefits after returning from abroad

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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drkooper
Junior Member
Posts: 87
Joined: Thu Feb 10, 2011 11:40 pm
Location: United Kingdom
United Kingdom

Claiming benefits after returning from abroad

Post by drkooper » Sun Apr 24, 2016 5:09 pm

I got my british citizenship in Nov 2014. My child (2 yrs old ) is also british but my wife is Tier 1 dependant. I have been living in UK since 2006. In June 2015 I came to India with my family for personal reasons. Now I am planning to go back to UK in May 2016.
I won't be having a job when I come back to UK so I wanted to know is there any benefits that I can claim or do I have to wait. I have read about HRT and that I have to wait around 3 months. Is it correct?
Can someone please explain is there any way to get benefits straightaway as I have a kid and will need sometime to get a job.

Thank you to everyone.

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Casa
Moderator
Posts: 25784
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Claiming benefits after returning from abroad

Post by Casa » Sun Apr 24, 2016 5:22 pm

When does your wife's Tier 1 dependent visa expire?
Also returning residents:
"Rules that came into force on 1 January 2014 mean that, if you're claiming income-based jobseeker's allowance and do need to show that you are habitually resident, you cannot be viewed as habitually resident until you've been living in the UK or elsewhere in the common travel area for at least three months. This means that if you claim income-based jobseeker's allowance immediately on your return to the UK from outside this area you won't receive this benefit for at least three months.

If you're planning to move back to the UK and you think you will need means-tested benefits and housing straight away, think about how you would cope if you can't meet the conditions of the HRT for three months or more"

https://www.citizensadvice.org.uk/benef ... -benefits/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

drkooper
Junior Member
Posts: 87
Joined: Thu Feb 10, 2011 11:40 pm
Location: United Kingdom
United Kingdom

Re: Claiming benefits after returning from abroad

Post by drkooper » Sun Apr 24, 2016 5:28 pm

Casa wrote:When does your wife's Tier 1 dependent visa expire?
It is valid until July 2017.
I have gone through the link. I want to know about housing benefit in particular.

Petaltop
Senior Member
Posts: 673
Joined: Mon Jan 13, 2014 12:42 pm

Re: Claiming benefits after returning from abroad

Post by Petaltop » Mon Apr 25, 2016 11:20 am

drkooper wrote:
Casa wrote:When does your wife's Tier 1 dependent visa expire?
It is valid until July 2017.
I have gone through the link. I want to know about housing benefit in particular.
Look at the other link Casa gave too, that was about benefits.

Here is another link which reads that it is no housing benefit for 3 months as you have been out of the UK for more than 3 months, but you might be able to claim benefits for your child (Child tax Credits and Child Benefit) if you meet the exceptions. Look on their governmnet link for other exceptions.

https://www.turn2us.org.uk/Benefit-guid ... %20seekers

"No EEA job seekers will be able to access Universal Credit without having worked here first.

An EEA national who is a job seeker used to be able to claim income-based Jobseeker's Allowance (JSA), Child Benefit and Child Tax Credit within the initial three month right of residence period and as a result would be able to claim Housing Benefit and Council Tax Support as well. This is no longer the case.

If the EEA jobseeker (or British citizen returning from three months or more abroad) hasn't worked since arriving in the UK, a three month residency rule has been introduced. In order to make a JSA claim they will have to provide evidence of how long they have been living in the UK (or the Common Travel Area), for example, a travel document, utility bill or tenancy agreement, to show they have been living here for at least three months. If it is decided that there is not sufficient evidence they will not pass the Habitual Residence test.[/b]

For Child Benefit and Child Tax Credit there are exceptions to the three month residency rule, covering people who:

Usually live in the UK and were receiving Child Tax Credit when they moved abroad for less than 1 year

Had lived in the UK for three months when they moved abroad for less than 1 year

Other exceptions can be found in the Gov.UK website information on tax credits if you leave or move to the UK

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