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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 32974
Experience:  Award winning lawyer with over 15 years experience
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At the moment and I uk resident becouse I live more than 5

Customer Question

at the moment and I uk resident becouse I live more than 5 years in UK, in case I go back to spain , if I come back to UK will I follow being UK resident? how many months can I stay away of UK and I will follow being UK resident. , I am spanish born in
spain. I was in uk in from february 1999 to march 2000, and now from july 2010 till now and I want go in 2016.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas Judge replied 1 year ago.

Can you explain your question

Customer: replied 1 year ago.
thanks the question is if I leave UK , how many months or year can I be outside of uk, then when I return I keep being UK resident?. because I've been told, that before 5 years living in uk I was not uk resident
Customer: replied 1 year ago.
did you understand now?
Expert:  Thomas Judge replied 1 year ago.

I am a little confused. You have not applied for UK residency but as a European national I am also unclear as to why you need to.

Customer: replied 1 year ago.
well for instance, to get job seeker allowance, if I am living more than 5 years in uk i can get job seeker allowance and housing benefit, but if I lived less than 5 years, then I can get job seeker allowance for a maximum of 6 months
Expert:  Thomas Judge replied 1 year ago.

I see. The point is that you are not a British citizen. You have simply been here for 5 years. You should apply for citizenship. To become a citizen you would need to apply and prove that you have -

And you must usually have:

  • lived in the UK for at least the 5 years before the date of your application
  • spent no more than 450 days outside the UK during those 5 years
  • spent no more than 90 days outside the UK in the last 12 months
  • been granted indefinite leave to stay in the UK (or permanent residence if you’re an EEA national) - this means there’s no specific date that you have to leave
  • had indefinite leave to stay in the UK for the last 12 months (or permanent residence if you’re an EEA national)
  • not broken any immigration laws while in the UK
  • I hope this helps. Happy to discuss further. Please rate positive
Customer: replied 1 year ago.
no, it doesnt help, i did not ask you how to become a citizen, jeje, I asked you about residence and benefits.
Customer: replied 1 year ago.
they say I can be on benefits without problem if i am resident, then I dont want lost it. thanks and I am asking aboutthe time I can be abroad without lost this residence.
Expert:  Thomas Judge replied 1 year ago.

I attach herewith a document which sets out the basis of the benefits - http://www.independentage.org/factsheets/moving-to-and-returning-from-abroad/

Happy to discuss.

Customer: replied 1 year ago.
AS YOU SEE, it say it is for old people, then it say for job seeker allowance you need living in uk for 4 months, but how long must you be outside uk then this period of 4 months start, for instance, I am resident, then i have right to benefits without problem but i go to spain during 1 week, then I have to wait 3 months to get right to be on benefits, i think this question for job center are difficult to answer, job center do things difficult
Expert:  Thomas Judge replied 1 year ago.

it has been drafted for old people but the rules apply to people of all. You are entitled to take 2 weeks away in a 12 month period without it affecting your JSA but you must complete a holiday form first and give the address of where you're staying. Otherwise it starts again.

Expert:  Thomas Judge replied 1 year ago.

Please rate positive

Customer: replied 1 year ago.
i can't go out of uk for holidays, no, the answer is not that, what I am asking is when people with right to jsa go out of uk, for a time, I DONT KNOW THE TIME, when they come back, they have to wait 4 months till they get right to get jsa again, ten this is my question, how long can we be outside uk, working or whatever, that we dont need to wait for 4 months till get benefits. I THINK THIS QUESTION IS DIFFICULT, BECAUSE EVEN THE JOB CENTER DOESNT ANSWER IT, well, job center doesnt answer this kind of question becouse they want us blind
Expert:  Thomas Judge replied 1 year ago.

I see. They do try and make it complicated. When you are on JSA, you’re entitled to two weeks holiday a year, but only in Great Britain. It’s very important that you let the Jobcentre know that you’re going away. You won’t need to sign on, but will need to be able to receive job information and come home for an interview or start a job at relatively short notice. You aren’t usually allowed to take overseas holidays while claiming JSA. The system is getting harsher, so if you don’t follow the rules (by not signing when you’re meant to, or not going to a job interview or training programme), you could lose your JSA for four or more weeks.

If you plan to go abroad, the best thing to do is to sign off just before you go. When you get back you can make a rapid reclaim online, which should only take 10 minutes. You’ll lose a week or two’s benefit, but you risk losing a lot more otherwise. I hope that this helps. Please rate positive.

Customer: replied 1 year ago.
thomas you dont get my question. I am not asking about people who go overseas on holidays. I am asking for people, for instance, Uk citicens, who go overseas to work, for instance, and when they come back, have to wait 4 months before they can ask for benefits. THEN MY QUESTION IS, how long can we be outside of uk, that when we come back, we dont have to wait 4 months to get benefits. first of all you should know about this law or regulation that say, any uk citizen that come back to uk after being resident in another country, HAVE TO WAIT 4 MONTHS BEFORE HE HAVE RIGHT TO GET JOB SEEKER ALLOWANCE. but must be a time, a spam of time, i dont belive if I go out of uk for 1 day, when I come back I have to wait 4 months, THIS TIME IS MY QUESTION,

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