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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Are you able to confirm I should be able to establish permanent

Resolved Question:

Are you able to confirm I should be able to establish permanent residence in UK and obtain immediate access to free healthcare?
Regulation 8(2)(e) – Taking up permanent residence
3.42 A person present in the UK (and other designated places specified in the Charging Regulations) for the purpose of taking up permanent residence is exempt from charges. This will include former residents with a right of abode who return to the UK to resume their permanent residence. Anyone who has been granted indefinite leave to enter/remain, or has a route to settlement, will also be entitled to take up permanent residence. This exemption category will apply from the first day that a person is in the UK in accordance with the relevant immigration requirements. Appendix 6 sets out some of the ways a person can lawfully reside permanently in the UK. See paragraph 3.46 for spouses/civil partners/children.
Examples of evidence:
- (a) proof of right to live permanently in the UK – e.g.
- UK national or EEA/Swiss national with right of abode in accordance with the Immigration (European Economic Area) Regulations 20063;
- has right of abode in the UK;
- non-EEA family member of EEA national exercising EU treaty rights;
- has a route to settlement with a spouse/civil partner/fiance visa; has appropriate entry clearance issued by HO, e.g. indefinite leave to enter/remain stamp in passport; and
Proof of right to live permanently in the UK is absolutely and immediately satisfied by my status a British Citizen
- (b) resuming permanent residence – anything that will confirm their intention is to reside permanently e.g. –
- forging ties with the UK – e.g. acquiring housing; children are attending school; looking for work; job seeker’s allowance; application/granted benefit; transfer of assets to the UK;
• For the time being residence is established with my daughter, this is being documented my daughter register me as an occupant on her property . Certain alterations are contemplated but yet to be finalised, decisions should be complete by the end of March
• Children attending school is no longer an issue; my other two daughters are grown and married and lead their own lives.
• I shall not be looking for work per se but intend to work as a consultant for a Thai aviation service company with whom I have had connections for 15 years now. I intend to establish a legal entity for this thus paying taxes and national insurance contributions. This is a work in progress that has a degree of urgency as second quarter retainer fees are due at the end of March and the transition to UK based entity needs be complete by then.
• UK bank account in the process of being established
or - cutting ties with former place of residence – e.g. sale of goods and properties overseas; receipts to show shipping of goods; ending of a rental agreement; end of an employment contract.
• Sale of assets will be a slow process, one of my daughters along with her husband reside on our rural property and serve as manager/caretaker. They also manage our town property presently on a rental agreement. In due process both properties will be sold but, this will not be in the immediate future. I am retired thus no end of employment contract. Some documentation could be provided should more information be required.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Yes, you are entitled to free NHS care as you will be ordinarily resident in the UK.
As a British Citizen, you have the right to reside in the UK and as you will be living in the UK, you are entitled to free NHS care.
Hope this helps
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