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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6293
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am British. My son was born in the US and we have lived there

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I am British. My son was born in the US and we have lived there mainly for the last 20 years, though we have visited UK most years for an average of 3 months and have a house in Wales. He is moving to UK and has a British passport. My understanding is he can get a national insurance # XXXXX can he also get income based jobseekers allowance while he looks for work?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Is he moving to the UK permanently, or at least for a few years?

Tom
Customer: replied 1 year ago.
Yes, he wants to live/work in UK. Hopefully in a graphic design firm in London or somewhere in UK. He is hoping to get a job or do some low paid internships to build his experience / confidence/ portfolio and then get a job. He has a year and a half NYC ( (pratt institute)design school education. He took a leave from there and has been working for free/ small wage at design firms in New York for the last 2 months. He felt the school education was not worth the money and he was always at the top of the class and not learning anything. He is very driven and eventually wants to open his own small firm with others. He did get offered a uni place at UAL but the fees are too high and again he is unsure if the value. Ideally he would like to go to grad school at the royal college of art and they do take students with excellent work/ portfolio .. this is his dream unless he finds wirk that makes the grad piece unnecessary. He is sure that UK is the place for this. He would also like to do some short ( couple month) internships in europe if that worked out. He is much more in line with the European design scene than the american one. He has spent most of his summers there since very young. He has excellent references. I have a younger son who will also try uni inNew York this year. He wants to move to UK too.. he is trying school here first as it is almost full scholarship. At the point he wants to move to UK/ Europe I will also want to. Our family and all friends are there. My husband is an American architect without a British passport but open to move when the time comes. All of us living there is the goal. Long answer !!
Customer: replied 1 year ago.
Our house is in the rhondda valley wales. Might it be easier to get habitual residency there. And job seekers allowance.? Would he then have to stay in wales. And not be able to look for work in the bigger cities?
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

He can get a National Insurance Number.

There are two types of JSA 1) contribution based and 2) income based. Your son would not be eligible for the first because he does not have any national insurance contributions in the past two years.

As to the second, he probably would not be able to claim this immediately and may have to wait until the Department of Work and Pensions deem him being permanently residence in the UK. Annoyingly there is no fixed time which a person must meet in order to qualify, because each case is judge on it’s own merits. I should think that he would not be able to claim for at least 4 months.

Once he has been deemed resident in the UK he should be able to claim provided that he is not studying full time, has less than £16, 000.00 in capital (eg. Savings), is looking for work, is not working or working less than 16 hours per week and is available for interview.

If your husband is also to come to the UK then when the time comes he will have to apply for a spouse visa:-
http://www.bia.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/



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Kind regards,


Tom
Customer: replied 1 year ago.
Is the place(wales because if our house or London) for applying important. And does he need to be where he applies? Can he apply straight away or should he wait 4 months so as not to be denied. If he is denied will he be able to reapply after a couple months?
Expert:  Thomas replied 1 year ago.
Hi,

He should apply from the locality where he is going to be permanently based, though it does not matter particulaly where he is provided that it is in England and Wales.

He can apply straight away to try his luck, it does not prejudice his chances of making a further application a few months later. They may give him some detailed guidance in fact.

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6293
Experience: BA (Hons), PgDip, Practising Solicitor
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