Mate returing to UK after living in Philipines for 20 years

Sicard

I have a mate in Cebu who married a Filipino 8 years ago. He's 82 and she's half his age and wants to chuck him out of their home. I say their home but in Filipino law it's hers. He should have got a marriage visa after marrying her but didn't. As their marriage has broken up she wants to tell the authorities to get him deported back to the UK. He lives off a state UK pension and has no savings because she's milked him dry.

If he is deported, and he has a UK passport, what is the procedure? Will the authorities look after him etc?

TIA

BrassicWoman

look after him in what way?

there's huge waiting lists for housing so he's not walking into a cosy all rent paid flat, no...

google "habitual residency test" for a kick off

molerat

Depends what you mean by "look after him".
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/

seven-day-weekend

To receive any State Benefits (other than contributory ones such as his State Pension), he will have to pass the Habitual Residency Test, as oters have mentioned. This means he has to prove that the UK is now going to be his home and that he has not come here solely to claim Benefits. This can be shown by several means, including a continuous link with the UK, such as a UK bank account for all the time he has been away, or things like a rent/mortgage contract.

See link below for further details:

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/the-habitual-residence-test-an-introduction/the-habitual-residence-test-how-a-decision-is-made/

Silvertabby

Have you got a spare room?

gardner1

Sicard wrote: »

I have a mate in Cebu who married a Filipino 8 years ago. He's 82 and she's half his age and wants to chuck him out of their home. I say their home but in Filipino law it's hers. He should have got a marriage visa after marrying her but didn't. As their marriage has broken up she wants to tell the authorities to get him deported back to the UK. He lives off a state UK pension and has no savings because she's milked him dry.

If he is deported, and he has a UK passport, what is the procedure? Will the authorities look after him etc?

TIA

Well more fool him for marrying her in first place.......did he honestly believe she wasn't after his money or did she "love him lots"

WillowCat

I realise we have rules like the habitual residence test to try to combat the abuse our welfare state has been subject to, but I would hate to think we live in a society where an 82 year old British man would be left on the streets.

WillowCat

It seems if he is deported he will be exempt from the test:

"Some people are exempt from the habitual residence part of the test. If you are exempt you will not have to show that you are habitually resident. For example, you may be exempt if you:

are not subject to immigration control and have been deported, expelled or removed from another country to the UK"

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/the-habitual-residence-test-an-introduction/what-is-the-habitual-residence-test/

Silvertabby

The Philipines is one of the countries with a reciprocal pensions agreement with the UK - so OP's mate's UK State has been increased in line with UK cost of living during the time he has been out there.

Cost of living in the Philipines is lower than the UK, so it may be that his pension will be enough to support him - including paying rent - should he decide to remain out there.

Even if his ex-wife is able to carry out her threat to have him deported, then he will return to the UK with his full State pension and so won't be penniless.

OP - I would suggest that you advise your mate to get a divorce asap - otherwise his wife may decide to follow him to the UK if she gets a sniff of any more money.

thorsoak

Surely if he has been living in the Phillipines for 20+ years he has some form of residency?

Robisere

This is unfortunate for the old fellow, but how many old people, born and always lived in this country, are lonely and living in unsuitable, innapropriate accomodation, without the means to feed, clothe themselves and heat their homes?

I know someone else who went off to the Philipines in 1974 to live. He went AWOL with a Filipino nurse whilst serving in Germany with BAOR. Between them, they stole from the Army, the German hospital where she worked, and committed several burglaries. He was extradited and jailed, she was not, and she kept all the proceeds of the crimes. An old mate, an ex- soldier from his hometown, told me some years ago, that he was out and living on the streets. By now he would be in his early 70's and has probably come to an unhappy end.

I do not think this 82 yo guy should be left on the streets if he returns, but I do believe that those who have lived, worked and paid into the system all their lives, should have precedence over those who do not match those criteria. He was obviously directeded by another part of his body than his brain, when he went off with this woman from another culture.