Returning from Abroad

missapril75

If they have £4k left - or less if this is before the costs of returning - then if they could pay a deposit on accommodation, that would go a long way to helping them pass the habitual residence test and thus claim benefits until they could become more independent.

The other information is also helpful regarding maintaining contact with the UK.

If they could arrange their own accommodation and not claim benefits immediately, they'd have a better chance than if they went to claim five minutes after arriving and having nowhere to stay other than with you.

Documents regarding the sale of the property - especially that in Turkey - will help.

seven-day-weekend

I agree, with missapril1975, use their £4k to start renting a house/flat, get on the electoral roll, you say they already have British Bank Accounts and Doctors, start looking for work,( your dad doesn't have to be a builder, there are other things he can do) - then after a couple of months apply for Benefits if necessary. They stand far more chance of passing the Habitual Residency Test if they can show they have come back to live in the UK and have not just come to claim Benefits.

Macca83_2

I think if it was my parents i'd be slightly annoyed that they hadn't come home when they still had 10k in their pockets and could set themselves up properly. 6k has now been squandered away on continuing their dream when they knew they had absolutely no chance of being able to maintain it. Im sorry Im coming across a bit harsh but I do really feel for you.
Can I ask, what was their plan on returning to the UK? Did they have one?
They need to be doing everything they can now to get off to a running start when they hit the UK, alot of that can be done over the internet. I agree whole heartedly with previous posts to get themselves set up with a flat using their remaining 4k, getting appropriate paperwork etc sorted and a cv written. I really don't see living with you and your kids as a viable option.

pmlindyloo

I agree that they should be renting a one bed flat asap. You could start the ball rolling for them before they arrive.

However, since neither of them have jobs then this might be a difficulty for getting a tenaqncy. You could try being a guarantor for them or offering the landlord 6 months rent up front (if you could afford this) and they pay you back. Obviously you will not be able to start the tenancy until they are physically here to sign.

This intention to rent a flat will go a long way to passing the habitual residency test.

I would then apply for benefits (JSA, HB and CTB) really quickly rather than wait until a few months.

The reason I say this is because it could take a few weeks/months for the benefits to be processed depending on which authority you are in.

You could also go to your Job Centre Plus and explain the situation and ask what kind of evidence they will need to prove that they intend to make their home here.

There is some useful information about this on CAB's website - I will try and post a link for you.

Applying for jobs via the internet/or through you would also be a very good thing to do.

pmlindyloo

Here's the link:

http://www.adviceguide.org.uk/england/benefits_e/benefits_coming_from_abroad_and_claiming_benefits_hrt.htm

sovilla

Deleted...

shazm.69

Im in a similar situation to you. My daughter came home from spain 2 months ago with her spanish partner and 2 chidren. With no money and nowhere to live. They are camping out in my living room. I am receiving housing benefits so i told the council they were here, then my housing benefit was suspended until we could prove their income or that they were claiming jsa. My daughter applied for income support and was refused as she has a partner she was then advised to claim jsa but has now been refused that too as she has failed the habitual residence test. My housing benefit is back up and running but if we dont give proof by 4th jan its going to stop altogether and then they will have 2 homeless families on their hands. Its very hard as i am having to support them as they havent got a penny. Good luck

paddedjohn

shazm.69 wrote: »

Im in a similar situation to you. My daughter came home from spain 2 months ago with her spanish partner and 2 chidren. With no money and nowhere to live. They are camping out in my living room. I am receiving housing benefits so i told the council they were here, then my housing benefit was suspended until we could prove their income or that they were claiming jsa. My daughter applied for income support and was refused as she has a partner she was then advised to claim jsa but has now been refused that too as she has failed the habitual residence test. My housing benefit is back up and running but if we dont give proof by 4th jan its going to stop altogether and then they will have 2 homeless families on their hands. Its very hard as i am having to support them as they havent got a penny. Good luck

How did she fail the residency test?

seven-day-weekend

paddedjohn wrote: »

How did she fail the residency test?

I too know someone who failed it. Because his wife and children were still in Spain and still lived in the house that he owned (his marriage had broken up), he was unable to convince the authorities that he had come back to the UK to stay, and had not just come to claim Benefits. He had no fixed address in the UK and no job. He slept on peoples' sofas for several months until he was able to get a job.

Actually in his case it was probably the right decision because, although it was true about his marriage breaking up, he had said that if he had known he would not get any Benefits he would have stayed in Spain.

sulkisu

paddedjohn wrote: »

How did she fail the residency test?

See posters other threads. Apparently her daughter lived in Spain since she was 14 years old along with the rest of the family. She returned to UK aged 20.