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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My son, aged 42 yrs old, moved with his wife from the UK to

Customer Question

My son, aged 42 yrs old, moved with his wife from the UK to Gibraltar in 1994. They moved just across the border to Spain in the early 2000s but continued to work in Gibraltar and retain their British passports. They also retained a bank account in the UK and their son goes to a UK school. They visit us, our other son and daughter, and many friends several times a year. They now wish to return here to live as the economic situation in Spain and Gibraltar has made life very difficult for them. They have confirmed a place for my granddaughter in a local school. My son has the offer of a senior post with Xerox based in High Wycombe, to begin later this year, but he needs help in the meantime with rent etc. until he starts the new job. My son holds a British passport, my daughter-in-law and two children have Gibraltar passports.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

What is your query please?
Customer: replied 2 years ago.

My son, aged 42 yrs old, moved with his wife from the UK to Gibraltar in 1994. They moved just across the border to Spain in the early 2000s but continued to work in Gibraltar and retain their British passports. They also retained a bank account in the UK and their son goes to a UK school. They visit us, our other son and daughter, and many friends several times a year. They now wish to return here to live as the economic situation in Spain and Gibraltar has made life very difficult for them. They have confirmed a place for my granddaughter in a local school. My son has the offer of a senior post with Xerox based in High Wycombe, to begin later this year, but he needs help in the meantime with rent etc. until he starts the new job. My son holds a British passport, my daughter-in-law and two children have Gibraltar passports.


 


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Province/Country relating to question : UK

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Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Your daughter in law and her 2 children are free to live in the UK and study and work without any restriction on their Gibraltar passports.

They are treated the same as holding British passports.

Hope this helps
Customer: replied 2 years ago.

When my son, daughter-in-law and granddaughter return here to live in the next few weeks, will they be entitled to any benefits. They will have to rent a house and may need financial help before my son takes up his new job later in the year?

Expert:  UKSolicitorJA replied 2 years ago.
It depends on their personal circumstances e.g. savings etc.

I suggest you use this benefits checker to see what benefits if any they will be eligible for: https://www.gov.uk/benefits-adviser

All the best
Customer: replied 2 years ago.

This relates to people living in the UK ?!

Expert:  UKSolicitorJA replied 2 years ago.
They will only be eligible once they move here so you should proceed as if they are living here to see what they are eligible for.
Customer: replied 2 years ago.

I was hoping for some advice regarding the immigration laws - and HRT??


What are the rules for being able to apply for housing benefit and JSA? The actual amount of benefits are not a priority right now - if they are to be treated as immigrants they may have to survive on our savings until they are eligible?

Expert:  UKSolicitorJA replied 2 years ago.
Gibraltar is treated as another EEA country for all purposes except childcare benefit which means child care benefit may be applied from day 1.

Your son and his wife will need to wait for 3 months from the time they enter the UK with a view to settle here before they will be eligible for income based JSA and housing benefit.

They will have the right to reside in the UK and should be deemed to be habitually resident from day 1 due to their intention to settle here.

Hope this helps



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