Returning UK national

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    Neil Adamson

    Sorry if this is obvious but we have received some contradictory literature regarding the above.

    In the GM it states as a result of the Swaddling case, somebody who was previously HR, who moves to any country outside the CTA is considered to be HR immediately on their return.

    Another publication refers to somebody who was HR but moves to another EEA country and then returns is treated in this manner.

    Which is correct?


    If I remember correctly the Swaddling case was only in relation to EEA countries but the changes to legislation which were made to accommodate the Swaddling judgement went further than this and basically refer to anywhere. So it is any country.


    In the former case it is likely that they will be HR on return. For example, someone returning on a permanent basis from say, Australia, would be HR on return. If they arrived on a temporary basis, it’s unlikely they will be HR.

    In the second example you refer to, is this in the context of a UK citizen who has exercised rights to work abroard under EC legislation? They will be exempt from HR test if they have returned to work.

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