Returning to the UK

[Chancer]

[quote user="Russethouse"][

Did you read what I wrote  ?

Yes but clearly I didnt read what the OP had written about the couples situation well enough, - sorry!

Of course he is resident and entitled but its also mentioned that she returned for treatment under the NHS when she was living in France - you can't choose where you are resident and just decide for yourself because you pay UK tax on your pension you are entitled - although you may feel that is the correct way.

For the record I dont.

As I understood from the post she had lived in Spain and France but still returned to the UK for treatment....

[/quote]

[Will]

There was no mention of Spain, or having returned to Britain for treatment, in the original question.

Neither of these alter the fact that if they are bona-fide 'ordinarily resident' in UK they are eligible for hospital treatment under the NHS. They may be required to provide proof of 'ordinary residence' though.

From the NHS site I linked earlier: "'Ordinarily resident' is a common law concept interpreted by the House

of Lords in 1982 as someone who is living lawfully in the United

Kingdom voluntarily and for settled purposes as part of the regular

order of their life for the time being, with an identifiable purpose

for their residence here which has a sufficient degree of continuity to

be properly described as settled."

[Chancer]

Thanks for that Will.

I have in fact used that concept to successfully appeal against a planning enforcement order in the UK.

So I would contend that under certain circumstances one can indeed choose where one wants to be resident.

[Will]

Glad it worked for you Chancer. That is a useful one as it has a  base in common law and the concept of 'ordinary residence' is used by HMRC as well. But UK common law, or taxation/health service practice, has little or no force in other countries, like France.

There are many different definitions of the general 'resident' concept - depending on whether you are dealing with tax, social security, insurance, banking, vehicle use/ownership, or countless other departments and organisations. And it changes from country to country. And unfortunately it's much more a matter of arranging your affairs to match the situation rather than 'choosing' a country of residence.

[bigears]

hi

I think its about time we have a mechanism to prove residency in whichever european country we are resident.  I have untility bills in my name in both the uk and france.  The current system allows ducking and diving.  Lets not also forget that one of the couple is seriously ill. 

[andyh4]

I agree totally Bigears, but for that to happen you would have to have a common agreement across Europe as to what determines residency. 

 

And there isn't.

 

My own situation is confused - although my healthcare is determined by my employment.

 

I work in Germany, my family are in France.  Like you I can provide utility and tax returns for both countries.  I "commute" between both countries and usually manage a long weekend at what I consider to be home.  Because my work involves international travel you cannot even use something like a "183" day rule - or if you do I am resident in neither country.

 

Currently by their own rules, I appear to be resident in both.

[AnOther]

Some chance bigears.

The EU is effectively a Federal republic, much like the US, and see how joined up their 50 states are !

I seriously doubt that anyone here will see much meaningful progress towards true harmonisation and common practice in their lifetimes.

[bigears]

Hi

I would think the european countries will be forced into it,  there's too many illegals and folks ducking and diving.  Best advice I believe for all retired ex-pats is to keep a residence in the uk, just in case things go wrong and a return to the motherland is called for.

[Sunday Driver]

[quote user="bigears"]
Best advice I believe for all retired ex-pats is to keep a residence in the uk, just in case things go wrong and a return to the motherland is called for.
[/quote]

In the real world, most people can't afford to buy and maintain two properties..........[8-)]

 

[bigears]

split your capital between two houses, there are loads of cheap property in france.  You can rent out uk house, perhaps allow younger family to live there.  Todays world has so many variables, a cautious person like me wants options, I've seen and heard of too many dreams that have gone bad.