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Time needed before returning abroad

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1 month 2 weeks ago #296512 by Claire
Replied by Claire on topic Time needed before returning abroad
Can you return the next day?
Ie come home from France.on a Friday and go to Greece on Saturday?

I am just wondering if there is a required time delay before you can go out of the UK again.

Regards
Claire
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1 month 2 weeks ago #296516 by David
Replied by David on topic Time needed before returning abroad
Hi Claire,

In that case you may be spending less than 24 hours in the UK. I will have to check if there is any case law on this particular subject.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 month 2 weeks ago #296525 by Claire
Replied by Claire on topic Time needed before returning abroad
Thank you David, I don't really want to ring the government site as it may open a can of worms.
I only go for 4 weeks at a time, as we have an apartment in Spain, but would like clarification on travel laws.
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1 month 2 weeks ago #296528 by David
Replied by David on topic Time needed before returning abroad
Hi Claire,

I cannot find an exact answer to the question as to how little time you need to have spent in the UK before you leave for another 4 weeks. But I should imagine it would be at least 24 hours for it to be counted as a " stay " in the UK. Otherwise you could just be in transit through the UK. If you look at the ESA Regs it is describing a " temporary absence " I should imagine that if you had lots of temporary absences a DWP Decison Maker could argue that the cumulative effect was to make the absences " not temporary " and that your home and " main residence " are now actually abroad.
You should take legal advice from someone who is an expert in this area.
ESA Regs: www.legislation.gov.uk/uksi/2008/794/regulation/152

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: VIA, Claire
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1 month 2 weeks ago #296570 by Claire
Replied by Claire on topic Time needed before returning abroad
Thank you David.
Would you know where I would go to find the advise I need.

Regards
Claire
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1 month 2 weeks ago #296573 by David
Replied by David on topic Time needed before returning abroad
Hi Claire,

You can search for legal advice using the contacts in the link below.
www.disabilityjustice.org.uk/where-to-fi...ce/find-a-solicitor/

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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