Habitual Residence test

[returntotheuk]

Hi,

I am looking to return to the UK after living abroad for 8 years. I wife is Cambodian and she will be applying for a settlement visa. We have 3 children with British citizenship.

Do I need to pass the habitual residence test? How do I prove that my family plan on staying in the UK permanently?

I may need to claim benefits if my savings run out before making enough money job wise. How long before you can claim?

I am thinking about setting up my own business, would this show I more serious about staying then getting a regular job? Hopefully, my business will take off quickly with plenty planning. I have a lot of experience running businesses but not at having a regular job.

Thanks

[Casa]

You don't have to prove you intend to remain in the UK, you just need to state that this is your intention.
You may have a problem regarding the claiming of benefits. One of the main conditions of issuing a Spouse settlement visa is that you will be able to support yourselves financially without claiming Public Funds.
Without trawling through any other posts you may have made...are you applying for ILE with KOL Required? If so, once your wife has been issued with ILR following the Life in the UK test requirement (KOL), she will no longer be subject to Immigration control and you can both claim whatever you are entitled to in normal circumstances.

[returntotheuk]

Hi Casa,

My wife will be applying without the KOL.

I am just doing my homework so I am prepared for any problems we might have. I read somewhere that you need to be in the UK for 2 years to past the habitual test?

We are opening a business so hopefully no need to claim anything.

I need to plan for the worse case scenario and part of this is checking to see if we could claim any benefits if we were entitled to them.