To come back live in the UK whilst being pregnant and European without residency permit

[tilda0]

We have lived around 9 years in the UK. We left for 2,5 years and we would like to come back. I don't like where we live now (DH homeland) and I miss the UK. I'm not sure whether we would get a residency permit as we left for 2.5 years. Oh, and I'm in my first semester.
Is it mad?
Remainders replies only please 😉

Tilda Southern Germany. It's cleaner, there is more space, it's safer, health care is better and waits are far shorter, children have more freedom, there is less snobbery, unemployment is lower (much lower in our state), wages for comparable jobs are better, there is far less termoil and uncertainty, there are fewer irresponsible dog owners because all dogs have to be registered :o Roads are far better - less crowded, better surfaces, proper cycle paths away from the roads pretty much everywhere...

Lots of reasons.

There are bad things too of course, and I miss my mother tongue spoken everywhere, but I wouldn't move back. I used to prefer the UK education system as that is very old fashioned here, but actually the UK education system is being destroyed slowly as far as I can see, so that's no longer a pull.

Employers treat employees better too in my experience - probably partly because of lower unemployment, but it's also cultural I think.

I've been treated with more respect in non graduate jobs here as an immigrant than in graduate jobs in the UK as a native.

I would think twice if I were you. Over half of us voted to leave the EU. If you don't want us posting on your thread, how will you cope living within close proximity to us?

@RortyCrankle, I'm ok being around leavers. I suggested to not comment (with a wink!) as a leaver because I'd expect to hear that I shouldn't come back. But I also know that a lot of mumsnetters (leavers or not) are tolerent and gentle!
I believe that the population who voted leave had the same point of view before brexit and it won't change anything to me regarding behaviours. We are also lucky to be from parts of Europe that are usually cherished by everyone.

@drinkingtea
I hear you. Same where I am : clean, safe, etc. But boring! I'm sure you aren't bored with your family and your dogs
Like you I miss my mothertongue and I kinda wish I could speak English and not have to use the local language. Now I'm basically rubbish in 3 languages!
I find women and especially mothers expats very strong and I admire that you have no doubt about staying where you are.

@Foniks thanks! I'm gonna have a look at the T form. Non refundable if unsuccessful what a rip off...

In your case 'settled' would mean permanent residence, which you wouldn't qualify for as you've not been exercising your treaty rights in the UK for the last 5 years. It's basically the equivalent to ILR.

You don't need to make an application, you're all EU citizens. You could apply for a residence card but you don't need one and it won't necessarily make any difference re brexit.

Tilda you might change your mind about safe, low unemployment and clean etc being less important than excitement once your child is born!

Am I right in suspecting you are the poster whose DH wants to stay in his homeland because he owns a flat, but you find locals hard to get to know and cold etc?

I think you're deflecting relationship issues onto wanderlust/ nostalgia for happier life phase in the UK, if so. You might be disappointed, moving back now with a baby on the way and to a different mood in the country, friends having moved on a bit etc.

France?

You would be taking a massive risk. You will not be eligible to remain after the UK leaves the EU under the current government proposals. Your child would not have British citizenship. They would be entitled to citizenship of your and/or your DH's country of citizenship, depending on those countries' citizenship rules.

IMO it is only worth the risk if you do jobs which are likely to make you eligible for visa sponsorship.

The previous poster talking about British citizens returning from Spain is talking about access to benefits, which presumably would be irrelevant for you. (And those rules may have to change as a consequence of Brexit).

You may need to satisfy residency criteria to use NHS for your pregnancy. Also child benefit eligibilty may not be straightforward.

This is a legal question and actually, ppl who haven't looked into the finer details of the rules really shouldn't casually comment, it only confuses things.

As long as we're in the EU you have the right to live in the UK to work, study or if you're self-sufficient (i.e. have enough money to live on without working). As a student you have to pay for your own "comprehensive sickness insurance" in order to use the NHS.

Your previous 9 years would entitle you to permanent residence status, but 2 consecutive years out of the country have nullified that, so you are starting from scratch.

Your child born in the UK is only entitled to UK citizenship if you have been in the country for 5 years or more at the time of birth (that's what "settled" means), so currently, no.

Actually, the information on the uk.gov website is pretty straightforward and well explained. Here are some links:

europa.eu/youreurope/citizens/residence/documents-formalities/eu-nationals-permanent-residence/index_en.htm

www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know

How the rules will change after Brexit we do not know yet. But the UK offer (which is less generous than the EU offer) says EU citizens who have not been here for 5 yrs at the time of Brexit will be allowed to stay until they have built up their 5 years to qualify for settled status.

You need to resident here fir six months before getting the right to use the NHS. (They do check via computer when you have entered the country)
You need private health insurance before then.

Would you or DH have work lined up? You can enter initially for 3 months but after that are expected to exercise treaty rights. As PPs have said, your child won't be British or eligible for British nationality for a number of years. You wouldn't be separated but if none of you were exercising treaty rights you could be required to leave the UK as a family and return to one of your home countries

FYI I'm British and live overseas but if I return to the UK I will not immediately be eligible for free NHS services (important as you're pregnant). I would have to pay a top-up fee for the first two years (I think if not longer) of 400 (or is it 600 now?) pounds per year, which I think is fair.

@Rainbunny @Headofthehive55 that is an important point, thanks for letting me know!
I did return to the uk after being absent for 1.5 year and got registered straight away with a doctor center. This was a few month ago when we attempted to come back (and had to leave again for work abroad). So do you think I was only registered and they wouldn't accept to treat me. How come it was that easy to get registered in a NHS doctors center? Or maybe they would have charge me more when using them.
@Rainbunny how long have you left? When does the clock start again? Thanks for these precious informations

@Drawinglife thanks for the sum up. These are the correct informations.

We had a short return and lived a couple of months during our 2 years of absence so I wonder if we managed to not reset the clock this way. We had a flat during this time. what do you think? @Drawinglife

tilda why don't you have your baby where you are and then think about moving?

Registering with a doctor is easy, and you will be treated but if you're unlucky may be billed. You don't want to be billed if you end up with a caesarean!

Will your DH even move? That seems a more pertinent question? Can one of you reasonably expect to secure a job very quickly?

It really seems such a wobbly plan to move back out of nostalgia and discontent with the social life where you are now, given you are now pregnant and the UK is in such a state of uncertainty atm.

Is your home country totally off the table?

Think it would depend if you were in UK long enough to be deemed "ordinarily resident" ie. Did you pay tax here or abroad for that period.

I imagine the 'remainders only rely' comment is because the op doesn't want to be told that it's cheeky to live elsewhere but come
Back for free nhs treatment when pregnant and giving birth. Assuming you intend to give birth in the uk under the nhs.

It is at all not clear to me why you are so keen to live in the U.K. What is drawing you here? You are not happy in your DH's home country, do neither of you like your home country either? Why did you leave the U.K.? I have to admit that you being pregnant and the NHS being free at the point of use (to those who are entitled to use it) is making me suspicious about your motivations.

Can you explain why you want to come back to the UK.

Do you want your child to be born in the NHS (excellent health care/free), or do you want your child to be a British citizen (and through that you become Uk citizens), to use the education system or welfare system, do you really want to settle and live here for the rest of your lives or are you wanting to use the best bits of being a UK citizen?

Sorry these questions are harsh but thats how you are coming across

Lost and Kath I hate to "tell on" the OP based on other threads, but in this case it is "in her defence" imo, so:

I've seen other posts from the OP. She's currently resident somewhere with absolutely exemplary universal health care - adults sometimes have to make a small contribution, but very little, the NHS absolutely would not be a draw, and neither would benefits.

On paper where she lives now is some of the best places to live and bring up a child - it's just a hard place to "fit in" as a foreigner. She's not an NHS tourist.

I'm also confused by why the UK has such a pull rather than her home country, which is also a wealthy western European country - I suspect she is thinking with her heart and not her head!

*one not some

Remainders only?

Yes I'm a leaver, but I wasn't aware that made me an immediate unsympathetic cunt.