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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33028
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I shall be returning to the UK next year as a ex-,with two

Customer Question

I shall be returning to the UK next year as a ex-pat,with two British passport children and my foreign wife, for whom I have to show an income of £18500 ( pensions) in order for her to be granted a visa. As I shall be coming back without any monies,would I be entittled to any housing benefits? Working on the £18500 gross income.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
The reason for my wanting to return to the UK,is for my children's education.
Expert:  Clare replied 3 months ago.

Thank you for you question

My name is Clare

I shall do my best to help you but I need some further information first

Where will you be living?

Customer: replied 3 months ago.
That we have not decided yet. The reason we will return to the UK,is for our children's education.They have been educated at a international school ( expensive,this being the reason I have no money left ) therefor I want them to go to a very good school. So far looked at John Hopkins school,Burton upon Trent. Gainsborough grammar school and Caister Grammer school. The two latter schools entry is by examination. So this is why it becomes difficult to give you an exact answer. What I intend to do is make a quick visit early next year to the UK, visit the schools,see what chances they have to gain entry and then secondandly try and organize accommodation. My gross income ( no increases) will be £18000 pa. Looking at rental properties in those areas for both furnished and unfurnished,the figures are between £500 - 1000 month. Therefore not much to live on,this being the reason for my initial question.
Thanking you for all the help that you can give.
Customer: replied 3 months ago.
Just a bit more background information. I'm hoping my children will gain entry to a University. Unfortunately as an ex-pat, if we were to remain abroad, they would not only after pay the normal University fees,9,
Customer: replied 3 months ago.
Just a bit more background information. I'm hoping my children will gain entry to a University. Unfortunately as an Ex-pat,if we were to remain abroad, I would not only have to pay their normall university fees £9,000 pa,but an additional 50%, with no chance of any grants,as I would be classified basically as non British, in spite of my having paid income tax all my life,still do to a small amount. So we will need to be resident in the UK for 3yrs before to University entry. Like wise as I am now growing older,and therefore maybe in the future need hospital care,then if I was to return as an ex-pat for NHS medical treatment. I would again have to pay the full cost of treatment Plus another 50%, this after paying the maximum number of years NI and never using a Hospital.
Why am I telling you this, well just so that you know I nave never claimed any state benifit in my life. Yet the government with their descrimanatory policy against me as a British born ex-pat, are now forcing me to return to the UK, therefore I intend that they should contribute to the cost incurred, mainly housing benefit.
Expert:  Clare replied 3 months ago.

You need to be aware that you will have to live in the Uk for at least three months before applying for any means tested benefits such as Housing benefit.

Even after that period they will wish to establish that you are now permanently resident in the UK - but that should not be a problem.

I hope that this is of assistance - please ask if you need further details

Customer: replied 3 months ago.
Ok I din't know that. So after 3 months what would be my situation in regarding housing benefits,would I be entittled having a gross income of £18500 with two young children? I do realise that I would not be able to claim for my foreign born wife. Say for instance on returning to the UK, I then privately rented a furnish house for £1000, would I then be eligible after 3 months to make a claim for housing benefits,and if so how much.
Expert:  Clare replied 3 months ago.

How old are the child and what gender are they?

Customer: replied 3 months ago.
Both males. One aged 10 the other aged 7.
Customer: replied 3 months ago.
Oh! Just realized, when we intend to return to the UK in two years time,their ages will be 12 and 10. Does this make a difference?
Expert:  Clare replied 3 months ago.

In that case you will only be entitled to claim for a two bedroom property

The most you would get would be £302 a week - and you are unlikely to get that since you have an income

You may find this site helpful

Customer: replied 3 months ago.
OK, so what you are saying is, that on returning to the UK with Two children,with a gross income of £ 18500 P's. That should I rent a furnished house for £1000 month, that I would not be able to make any claim.
Expert:  Clare replied 3 months ago.

YOU will be able to make a Claim and some of the rent may be covered by housing benefit

Customer: replied 3 months ago.
to return to my initial question, how can I find out,if in the event that I do make a claim, how much of the rent would be covered?
Expert:  Clare replied 3 months ago.

Up to £302 a week may be covered - less if you have other income - you can get a guide on the website

However it is also area specific

Customer: replied 2 months ago.
Hi Clare, last week I went for my annual medical, and to cut the story short I had a CT scan that shows a high level of heart calcification. I'm now wondering if on returning to the UK, should I die within 5 yrs, would my wife be kicked out of the country,as she is gaining a settlement visa on the strength of my supporting her with £18500 pa, from my pensions,which unfortunately would cease on my death. My two children having British passports would not be subject to a deportation order, however that would leave my wife with the impossible option to abandon the children in social service care,hopefully still obtaining some sort of education, or taking them back to Thailand with her to a very limited educational future.
Expert:  Clare replied 2 months ago.

Your wife would be able to apply to remain as the parent of a UK citizen

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