Contact

News & Insights

Expats say they are being “penalised” for freedom of movement

“It might well delay the referendum if we’re successful but it doesn’t have to. There are cases where legislation has been fast-tracked through Parliament in a few days,” said one man, a 94-year-old World War Two veteran currently living in Italy.

A problematic issue

It is an issue that is proving problematic for a Conservative Party already reeling from internal divisions exposed by the referendum debate and the fallout from Iain Duncan Smith’s recent resignation, not least because, in their 2015 manifesto, they pledged to introduce a “votes for life bill” that would abolish the 15-year rule which currently prevents some expats from casting a vote in the referendum.

A group of expats, including the 94-year-old war veteran, have taken the case to the High Court, arguing that the EU Referendum Act breaches their fundamental rights under European Law. It is easy to see why these people feel so unfairly marginalised when they are among the Britons likely to be most affected by the outcome of the June 23 referendum, with many fearful that they will have to revisit all their expat financial services decisions in the event of a Brexit.

“Penalised” for freedom of movement

“Our clients are being penalised for exercising their EU free movement rights,” said one of the lawyers representing the claimants. “The people [the EU Referendum Act] arbitrarily excludes are those UK citizens who are among those most likely to be affected by the decision taken by voters in this referendum.”

The government now has until April 1 to prepare and submit a written response to the legal action; only once this process has been completed will the court be able to decide if and how the case can proceed.

This communication is for informational purposes only and is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice from a professional adviser before embarking on any financial planning activity. Whilst every effort has been made to ensure the information contained in this communication is correct, we are not responsible for any errors or omissions.

Other News

Final salary pensions – why now is a good time to cash in

Juicy lottery-sized sums are being offered to savers to tempt them out of gold-plated workplace pension schemes and into personal plans. We’ve explored whether you should consider taking a final salary pension, as well as the benefits and drawbacks of withdrawing.

What is a final salary pension?

A final salary pension, sometimes referred to as a gold-plated pension, is a special style of retirement fund that is based on your final or average salary.

The main difference between this and a defined contribution pension is that a final salary scheme gives you a guaranteed sum annually for the rest of your life when you retire.

To work out the value of your final salary scheme, consider a few factors: 

  1. Your final or average salary at your place of employment (confirm this with your employer)
  2. Your length of service
  3. The final salary scheme’s accrual rate (this is often 1/80th)

Your final salary pension will take each factor into account, and the resulting figure will be the guaranteed annual sum you are entitled to.

For instance, if you worked somewhere for ten years, and leave on a salary of £100,000, with an accrual rate of 1/80th, you will have a guaranteed retired annual income of £12,500.

It is possible to undertake a final salary pension transfer. Depending upon how long you expect to enjoy retirement, this could be a favourable choice. However, it’s important to consult a financial advisor to make your final salary pension transfer values work harder.

What are the benefits of transferring a final salary pension?

Assessing your final salary pension transfer value, you might consider it worthwhile to withdraw. We’ve outlined the main benefits of taking your final salary pension:

Receive the cash value of your final salary pension

Withdrawing from a final salary scheme allows you to receive a cash lump sum in return for forfeiting your guaranteed income in retirement. This final salary pension transfer value is the main reason to withdraw from a scheme, as it offers you financial freedom.

Remove ties with your employer

This is an especially important point if you’re concerned that your employer may not exist throughout your full retirement. For most, the pension protection fund (PPF) will cover your pension, but, for especially high earners, there is a PPF ceiling of £41,461 (as of April 2020).

Enjoy a flexible income in your retirement

A final salary scheme entitles you to a guaranteed annual income when you retire, but if you go down the route of transferring your final salary pension you will be able to enjoy a little more flexibility in how you receive your income. Usefully, by withdrawing from your final salary scheme, you can choose to take more out in your younger years.

Choose how you want to invest your pension

A final salary scheme is controlled tightly to accommodate all employees and their interests. When withdrawing from the scheme, however, you can take complete control over how your pension fund is invested.

The considerations you should make before transferring your final salary pension

While there are certainly benefits of going down the route of transferring final salary pension funds into various other pots, it’s important to consider what you’ll be giving up:

  • Entitlement to a fixed annual income for the rest of your life
  • A safe income that doesn’t fluctuate with volatile markets and share prices
  • Spousal and family benefits that come with a final salary scheme

 Example: Should I cash in my final salary pension?

An example is Mrs Dee (not her real name), 4 years ago she asked for her final salary transfer values, which came in at £250,000 – a nice sum, you may think. After reviewing all the facts and figures available, however, I advised Mrs Dee to leave her final salary pension where it was, which she duly did.

Towards the end of last year, because of favourable market conditions, I applied again to see the value of transferring her final salary . This one came in at just under £600,000.

Read More

Number of British expats in Spain has doubled over the past decade

Spanish BeachNew figures from the Office for National Statistics (ONS) have shown that the number of British expats living in Spain vastly outnumbers Spaniards living in the UK. What’s more, the number of Britons over 65 years old living in Spain has more than doubled in the past decade.

The purpose of the ONS’s report, which is the first in what is intended to be a series, was to collect accurate, up-to-date information on the citizens most likely to be affected by Brexit. It was produced in partnership with the Instituto Nacional de Estadistica (the Spanish National Statistics Institute).

Read More

Select your country

Please select your country of residence so we can provide you with the most relevant information: