Advice please regarding expat relative wanting to move back to the UK after 50 years!

[Fretfulparent]

My elderly uncle has decided he wants to move back to the UK. He is British born and lived and worked here until 1970 when he moved abroad (Japan) . He has kept his British passport.

For the past 20 years he has lived in Spain with his American wife.

He has mentioned that they may come and stay with us whilst they look for a flat/retirement home here in the UK.
I am worried for lots of reasons. Especially that he will not be eligible for NHS care in the short term if they fall ill or social care if they need help longer term. I don't know what their finances are but I suspect he may have lived beyond his means.

Can anyone send me a link to the facts about British people returning from abroad in this position? I looked on gov.uk but couldn't find the answer.
Has anyone had any experience of expat relatives pitching up and being landed with this to sort out.
I want to know what I might be letting myself in for if I agree that they can stay with us initially. My brother is concerned we may end up paying for everything.
Both my uncle and his wife have children living in the USA so I am not their direct next of kin.
Many thanks

I don't know the legal position but a friend of mine had relatives that did this, she ended up having them live with her for several months. They eventually got a flat for over 60s from a social housing organisation. They seemed able to use the NHS quite quickly from what I remember, I only remember because they were driving my friend mad moaning about everything they got and she used to let off steam to me. It might have been tightened up.

Lots of people moving back from Spain now. As soon as he is ordinarily resident he’s eligible for NHS and benefits I think.
Age UK has lots of details including which benefits are means-tested: www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs25_returning_from_abroad_fcs.pdf

These articles may be helpful:

www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/returning-to-the-uk-after-living-abroad-heading/

www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs25_returning_from_abroad_fcs.pdf

what is his residency status in spain?

BigPinkFlower full resident from what I can gather. They see a local doctor and have had routine surgery ( cataract & hip replacement ) without paying anything.

Nachthexe and Solitude very helpful article thank you

Does his wife have any citizenships other than American? Sponsoring a non-EU spouse to move to the UK can be quite involved and require proof of savings or income.

www.theguardian.com/uk-news/2017/feb/23/how-is-this-fair-readers-on-the-non-european-spouses-income-ruling

He has mentioned that they may come and stay with us whilst they look for a flat/retirement home here in the UK.

He has mentioned? Did he ask whether they could or did you issue an invitation? I think I’d be mentioning that no, this won’t be possible.

Maybe you could "mention" that he can research flats on the Internet before they come over. Or a retirement home. He doesn't have to be actually living here to do that. I think I'd be telling him to do his research, then maybe you can help with inspecting a few properties for him. That way they can move straight into their own home when they arrive.

It is extremely difficult to bring a non UK spouse to live in the UK these days, particularly without proof of income over a certain level. Many families have been separated and he needs to do some research before they arrive or they could be refused entry.

Personally I think the policy is barbaric - particularly when it keeps children from parents.

It may be different for over 65s, but I knew some Brits who moved back to the UK years ago (about 10?) who had to get BUPA insurance for the first 6 months. It was quite expensive and they were late middle aged with two teens.

And again I don't know if their age makes a difference, but sponsoring a spouse to come to the UK is long and expensive. They could end up separated with her having to wait over there.

They really need to check these two issues out specifically, before even thinking of stepping foot on a plane.

Does his wife have a Spanish passport or does she still only have American citizenship?

He’ll be able to come back easily, and will be able to use the NHS as soon as he’s resident (and can show he’s intending staying). A non EU spouse is a whole different ball game

Yup, the American wife could be their problem.

My first thought even before the practicalities which others have raised and commented on was that it will come as a culture shock to him how the UK has changed. 'New money' for example.

An uncle returned to the UK after about 30 years in the mid 1980s and found the cultural changes very difficult to cope with.

I hope he hasn’t sold and packed up in Spain before they come and have a look for a home!

I would be very firm about your terms. “Lovely to see you, I would like to invite you to stay from 1st -4th March...”

Surely their kids / your cousins could be helping with the detail. I would be very wary about getting involved.

Many thanks for all your replies. I am feeling very wary and suspect that there is more going on.
No dates have been mentioned and fortunately we're having major building work so have a good reason to put off any visits

Just be vague about the major building work, and if they actually push it say “no, it’s not going to be possible to have you stay with us” and “that isn’t going to be possible” etc and repeat as necessary.

The NHS is fine as soon as you are ordinarily resident - see here for example.
So, if he is visiting you, with no address etc NHS is problematic. If he has an address, and is paying bills, NHS is accessible.

We had to wait 3 months to be entitled for child benefit. I'm doubting child benefit is on his list if things, but stuff like that might take longer.

I'd say the none UK passport holder wife might he more of an issue.

You mean "immigrant" relative who moved to Japan and Spain?

How old is he OP?

I think the spouse may be an issue.
We are returning after 25 years away and cannot access NHS etc for three months, but have private health insurance, but that could be an issue for your uncle as he is much older.

His wife should be able to come here under the Surinder Singh rules

www.gov.uk/family-permit/surinder-singh

If he gets a state pension in Spain he should be able to get it paid here.

For NHS treatment, benefits and help with housing he will need to show he is habitually resident.

The international pension centre can advise him on pension and benefits.

www.gov.uk/international-pension-centre

It's not clear what will happen after the end of this year though, and as his wife is not from the EU he should seek specialist advice before doing anything.

His wife should be able to come here under the Surinder Singh rules

Good point, although I wonder what will happen to the Surinder Singh rules after Brexit is fully implemented. He might want to move here sooner rather than later OP.

If he is a resident of Spain can he use a Spanish version of an EHIC card to access the NHS until December?

@Nothing2doooooo 'immigrant'?? What do you mean?
The man is an emigrant and an expat. He is not an immigrant (except somewhere else). You can't be an immigrant in your own country.