- May 2, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
I am a UK citizen who was born in the US and has primarily resided in the US. My husband and I had planned to relocate to Edinburgh in June, but I recently discovered that I am now 9 weeks pregnant.
## Current Dilemma
The baby is due in November, and I want to schedule my 20-week appointment in the UK for June. However, I am unsure about when the criteria for being “ordinarily resident” apply. We intended to rent a short or long-term flat to establish ourselves, but I am unsure if this would qualify us in time. Although I am willing to pay the surcharge, being a citizen may limit my options in this regard.
## Addressing the Concern
In this situation, AI Legalese Decoder can assist by providing clarity on the residency requirements and potential avenues for establishing residency in the UK. It can help navigate the complexities of immigration laws and provide guidance on the necessary steps to take to ensure eligibility for healthcare services and benefits.
## Additional Considerations
Given that my job is remote and based in the US, and I have not paid taxes or sought medical assistance in the UK, I am uncertain about what actions I can take to address these concerns. AI Legalese Decoder can provide tailored advice on how to handle these specific circumstances and explore potential solutions to ensure a smooth transition to living in the UK while anticipating the arrival of a new family member.
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“Ordinarily resident” is a bit vaguely defined but the DHSC’s own guidance on it essentially suggests you are OR if you have been in the UK for at least 6 months, plan to stay in the UK for at least 6 months, or are staying in the UK for “one of several regular and significant stays”.
If you can provide evidence that the move to Edinburgh is a long-term one (ie that you plan to stay longer than 6 months) it should be fine. Presumably your husband has a job here and a long-stay visa.
Also you’ll be paying UK taxes on your US earnings, I believe, once you become a UK resident.
In reality though, nobody will actually check.
NAL
This area is a little foggy so I’ll give you a little lowdown:
If you’re hoping to move permanently, once you secure a place to live you will then become “ordinarily resident”, however I don’t know if your husband will be eligible for socialised healthcare due to not holding citizenship. For the purposes of your birth, you should be alright to move as long as you get a place to stay before you book it.
It’s worth mentioning also that citizenship is passed down one generation, so your mother will have only passed citizenship down to you if her mother was also born in the UK. If not, you’d be an American citizen.
If you’re a UK citizen, all you need to do is register with a local GP. That’s it. You (or your GP) will be able to book the required appointments.