Father has failed the Habitual residence test twice.

[Deleted User]

Ordinary residence is "settled" residence. He's not settled he's only just arrived

poppy10_2

Highly unlikely he'll pass the ordinary residence test. He's only been in the country for 5 or 6 weeks. He doesn't have an address of his own (staying with you); not paying rent/mortgage/council tax or utility bills for any property here. Doesn't have a job or settled occupation here. Came to this country specifically due to failing health.

He's fresh off the boat, and a healthcare tourist - he won't be entitled to NHS care. If they find out they can make him pay.

These are the questions we have to ask to check whether someone is ordinarily resident and entitled to free NHS care:

• Have they been in the UK for the last 6 months or more?
• Can they provide an address of their own in the UK?
• Can they show that they are paying utility bills and council tax at their UK address?
• Does their housing situation in the UK appear stable and settled, e.g. a tenancy agreement in their name?
• Are they employed or self-employed in the UK?
• Are they a recognised job seeker in the UK?
• Is there a known reason for them being in the UK, other than for healthcare, which indicates they are now properly settled here?

bflare

poppy10 wrote: »

Highly unlikely he'll pass the ordinary residence test. He's only been in the country for 5 or 6 weeks. He doesn't have an address of his own (staying with you); not paying rent/mortgage/council tax or utility bills for any property here. Doesn't have a job or settled occupation here. Came to this country specifically due to failing health.

He's fresh off the boat, and a healthcare tourist - he won't be entitled to NHS care. If they find out they can make him pay.

These are the questions we have to ask to check whether someone is ordinarily resident and entitled to free NHS care:

• Have they been in the UK for the last 6 months or more?
• Can they provide an address of their own in the UK?
• Can they show that they are paying utility bills and council tax at their UK address?
• Does their housing situation in the UK appear stable and settled, e.g. a tenancy agreement in their name?
• Are they employed or self-employed in the UK?
• Are they a recognised job seeker in the UK?
• Is there a known reason for them being in the UK, other than for healthcare, which indicates they are now properly settled here?

From the .gov website https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/736849/Ordinary_residence_tool.pdf

Determining if a person is properly settled in the UK in order to establish if they are ordinarily resident here

A person is ordinarily resident if they are normally residing in the UK (apart from temporary or occasional absences), and their residence here has been adopted voluntarily and for settled purposes as part of the regular order of their life for the time being, whether for short or long duration. The concept of "settled purpose" has been developed by the courts. There may be one purpose or several, it may be specific or general, and it may be for a limited period. All that is necessary is that the purpose for living in the UK has a sufficient degree of continuity to properly be described as settled.


The longer a person has been living in the UK the stronger the indication they are ordinarily resident here. A period of 6 months is only a rule of thumb and should be used with caution. It is important to note that a person can be ordinarily resident from the first day they arrive in the UK if they have genuinely come to settle for the time being.


Having a settled home in the UK may indicate that the person is ordinarily resident. However, not having a settled home here does not necessarily mean a person is not ordinarily resident. The reasons why someone is not in a settled home are important to consider – it may be because of lack of means.

neontetra_2

I feel for the OP but the dad not so much, I am in my mid fifties should I give up my job and expect tax payers to bail me out?

bflare

neontetra wrote: »

I feel for the OP but the dad not so much, I am in my mid fifties should I give up my job and expect tax payers to bail me out?

This is not helpful! I am trying to get some advice & all i am up against is people like you with their perfect lifes! I am under alot of pressure here. I did not make my dad's choices & it is not HIM who is asking for advice.

bflare

I am 100% done with this now. I have found this forum absolutely horrible.
I find a lot of people on this forum to be very self-righteous & instead of trying to help they are trying to find anything they can to be unhelpful.
This isn’t about what you think is fair it is about trying to help ME in my stressful situation. I am sick of it now to be honest. It’s like been back at school with children trying to win one over on each other.
It's pathetic & I will no longer feed your massive ego’s.
What will be will be & if I end up in the s**t then so be it. At least it’s my problem & not yours.

pmlindyloo

bflare wrote: »

I am 100% done with this now. I have found this forum absolutely horrible.
I find a lot of people on this forum to be very self-righteous & instead of trying to help they are trying to find anything they can to be unhelpful.
This isn’t about what you think is fair it is about trying to help ME in my stressful situation. I am sick of it now to be honest. It’s like been back at school with children trying to win one over on each other.
It's pathetic & I will no longer feed your massive ego’s.
What will be will be & if I end up in the s**t then so be it. At least it’s my problem & not yours.

It must be a stressful time for you and I do agree that this NHS business was a tad unhelpful.

Plus, looking at your previous thread before your dad moved to the UK there has been advice which does contradict the ordinary resident criteria for free NHS treatment as stated by Poppy.

Refresh your memory

https://forums.moneysavingexpert.com/discussion/5893172/my-dad-60-is-moving-back-to-england-need-some-advice-please&page=2

see post 21.

Take a rest from here - it can seem a bit daunting but most people just want to give you a 'heads up' for potential problems.

You have some good news about the HRT so hang on in there. Personally I believe you will have no problems with your dad receiving NHS treatment.

bflare

poppy10 wrote: »

Highly unlikely he'll pass the ordinary residence test. He's only been in the country for 5 or 6 weeks. He doesn't have an address of his own (staying with you); not paying rent/mortgage/council tax or utility bills for any property here. Doesn't have a job or settled occupation here. Came to this country specifically due to failing health.

He's fresh off the boat, and a healthcare tourist - he won't be entitled to NHS care. If they find out they can make him pay.

These are the questions we have to ask to check whether someone is ordinarily resident and entitled to free NHS care:

• Have they been in the UK for the last 6 months or more?
• Can they provide an address of their own in the UK?
• Can they show that they are paying utility bills and council tax at their UK address?
• Does their housing situation in the UK appear stable and settled, e.g. a tenancy agreement in their name?
• Are they employed or self-employed in the UK?
• Are they a recognised job seeker in the UK?
• Is there a known reason for them being in the UK, other than for healthcare, which indicates they are now properly settled here?

Please look at this forum where the members were actually helpful to the OP:


https://britishexpats.com/forum/moving-back-uk-61/nhs-cover-returning-british-citizens-890114/

neontetra_2

Ok Its not helpful, talk to embassies, mps, outcome wont differ, dad is not entitled, however how much does it cost to feed another mouth, cost of healthcare your dad should have insured himself when moving to a different country. Not helpful, you may have to check and see if he has paid enough taxes in Italy that might cover his health costs.

bflare

pmlindyloo wrote: »

It must be a stressful time for you and I do agree that this NHS business was a tad unhelpful.

Plus, looking at your previous thread before your dad moved to the UK there has been advice which does contradict the ordinary resident criteria for free NHS treatment as stated by Poppy.

Refresh your memory

https://forums.moneysavingexpert.com/discussion/5893172/my-dad-60-is-moving-back-to-england-need-some-advice-please&page=2

see post 21.

Take a rest from here - it can seem a bit daunting but most people just want to give you a 'heads up' for potential problems.

You have some good news about the HRT so hang on in there. Personally I believe you will have no problems with your dad receiving NHS treatment.

Thank you.


This has been a very stressful time for me & not something I wanted to go through plus seeing my father go from someone who can walk about & climb stairs to someone hobbling & not able to manage stairs unless on his hands & knees is also not very nice.


thank you for refreshing my memory. This has been a very long journey with different hurdles. All I am trying to do is help my father.


I am just going to leave it now & see what happens. What will be will be & I have found asking advice on here to be more stressful then I was in the first place, in fact I am a little upset especially when I get labelled as been 'sensitive'.


Thank you.