UK - Habitual Residency Test

[Speedo1968]

Has anyone recently returned to live in the UK ?

 

I hold a UK passport, born in UK  in 1946.

 

I have been working since I was 15 in UK and abroad until retiring in 2011.

My UK retirement age would have been 60 but, I was working here in Thailand at the time.

Much of my working life has been overseas, especially since 1983 - not through choice.

 

I receive UK Basic State Pension, no add-ons.

 

I returned to UK in 2012 but could not get a place to rent, I returned to UK again in 2013 became a resident

but, unfortunately had to leave in 2014

 

I was still classed as resident for the Brexit vote and received a postal vote card for the recent election.

 

My questions are:-

Has anyone recently returned to UK as a UK National and found themselves non-resident or habitually non resident ?

If yes, how difficult was it to prove intention to stay ( which I intend to do as I have children and now grandchildren in UK )?

Finally has anyone 'returned' and had to do a HRT since the new regulations of 2014.

 

I have looked at Citizens Advice Bureau, good info but need to be face to face for real help.

 

I can understand peoples reticence to reply but any info or advice would be most welcome.

[JoePai]

As a UK national you should not need to take the test

 

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/

[Speedo1968]

1 hour ago, JoePai said:

As a UK national you should not need to take the test

 

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/

Many thanks 'JoePai'.

I looked at both sites.

I think where I fall foul is the HRT part, previously when I owned property there that would score me extra points,

now I do not own property.

I am still registered with a doctor, have UK bank accounts and local library card, again points to me.

However, having been in Thailand since 2001 until 2011 working, with a few short visits to UK then, returning in 2011 until now, that's a lot of time away.

My last long stay in UK was for 10 months 2014 - 2015 for which I have proof of residence.

The Citizens Advice Bureau is a fantastic organisation - has to be over phone or face to face, unfortunately not by email etc.

[Somtamnication]

How are you able to get a pension if no or very little taxes paid? I am in the same boat, except that I have been gone since age 4. Mid 50s now. I know USA has reciprocal agreements with the UK for pension, but how else do you qualify?

[billd766]

1 hour ago, Somtamnication said:

How are you able to get a pension if no or very little taxes paid? I am in the same boat, except that I have been gone since age 4. Mid 50s now. I know USA has reciprocal agreements with the UK for pension, but how else do you qualify?

 

You can or could have paid class 2 or 3 NI contributions which contribute to the state pension.

 

This link may help or lead you closer to the promised land.

 

https://www.gov.uk/voluntary-national-insurance-contributions/who-can-pay-voluntary-contributions

[Speedo1968]

2 hours ago, Somtamnication said:

How are you able to get a pension if no or very little taxes paid? I am in the same boat, except that I have been gone since age 4. Mid 50s now. I know USA has reciprocal agreements with the UK for pension, but how else do you qualify?

I started work when I was 15 in 1960, I left UK in 1968 and since that time have spent little time living / working in the UK.   I had a couple of 1 years between contracts ( not allowed to work for a similar company for 12 months ), the most recent time I spent 6 years based with a UK company but most of my time working overseas.

 

When working in European countries that had reciprocal pension agreements I forgot to get pension payments transferred, 

 

When working in Saudi there was a pension scheme for foreign workers jointly paid by the employee and employer,.   The final year I was there the government decided not to allow pensions for foreign workers, in my case I was already at 60% of salary ( 10 years gave you 100% ).     The government paid what was owed as a lump sum.

 

A friend who was from a European country, which allowed a person to pay the government the calculated amount due to provide a full pension on retirement, used his income from his Saudi contract to pay all.

 

In Thailand I paid income tax when I worked here but no forms of benefit are repaid.

 

From UK I receive only the very basic state pension, no extra benefits.    Its not much but can cover my costs here, just; it would not even cover the bills for water / electric / gas / land tax in the UK.

Edited July 8, 2017 by Speedo1968
Forgot sentence.

[KittenKong]

6 hours ago, Somtamnication said:

How are you able to get a pension if no or very little taxes paid? I am in the same boat, except that I have been gone since age 4. Mid 50s now. I know USA has reciprocal agreements with the UK for pension, but how else do you qualify?

 

As mentioned, you dont need to pay tax you just need to buy NI stamps (or get stamp credits).

 

I left the UK at the age of 20 but I paid my stamp by direct debit for 37 years. So I qualify for the full new state pension.