Reply To: Habitual Residence Test – Returning UK citizen


[quote:74a8c2229f]The ‘Swaddling’ judgement
7.150 On 25 February 1999 the European Court of Justice gave judgement in a case about the application of the HRT on a UK national returning to the UK from a period of residence in another European Union state (ECJ: C-90/97, ‘The Swaddling case’). The case involved the application of the HRT on a claim for IS. The Court decided that a person with habitual residence in the UK who leaves and becomes habitually resident in another Member State and then returns to resume UK residence is habitually resident immediately on return. While the case involved a claim for IS the judgement also affects claims for HB and CTB.

7.151 The effect of the judgement is that

1 a claimant of any nationality who was previously habitually resident in the UK, Republic of Ireland, Channel Islands or Isle of Man, and

a moved to and lived in any country outside the CTA, and

b returns to resume the previous residence, is

2 habitually resident immediately on arrival in the CTA

Difficult one. Do you apply the guidance as in the guidance manual, even though you know it is probably wrong? I think that is only a decision you can make…