lastID = -258503
Skip to main content
Skip to top navigation
Skip to site search
Action menu options
My citations options
Close action menu
You need to
login to use this feature
.
Please wait while we update your results...
Please wait while we update your results...
Please wait a moment...
Site search
Search Welfare Rights
Search
Accessibility Options
Base text size -
This is a sample piece of body text
Larger
Smaller
Menu
Log in
Log in
CPAG Home
Benefit rates
Shop
Training & events
Support for advisers
Advice line for advisers
Support for advisers in England and Wales
Support for advisers in Scotland
Tell us about your case
Handbooks
Online handbooks
Print handbooks
Key topics
PIP appeals
Maximising income
Universal credit
Migration to universal credit
Survivors of domestic abuse
Benefits for migrants
Debt
Housing costs
Personal independence payment
Sanctions and work-related requirements
Work capability assessment
Tools & templates
About our tools and templates
Universal credit
Migration to universal credit
Benefits for migrants
Personal independence payment
Work capability assessment
Revision, supersession and appeal procedure
Judicial review
All tools and templates
Benefits in Scotland
Scottish benefits
More information about benefits in Scotland
Other CPAG resources on benefits in Scotland
Bulletins & articles
Welfare Rights Bulletin
Articles
eBulletins
Test cases & caselaw
About CPAG test cases
Updates on CPAG test cases
Support with an Upper Tribunal case
Support with the judicial review process
Caselaw summaries
Benefits for Migrants Handbook (15th edition)
This content was last updated:
28 Nov 2025
Part 4: Benefits and residence rules
Benefits for Migrants Handbook (15th edition)
View
Details
Print
Share
Email
Facebook
Twitter
LinkedIn
view
View
Details
Print
Share
Share
Email
Facebook
Twitter
LinkedIn
Benefits for Migrants Handbook (15th edition)
Part 4: Benefits and residence rules
Back to previous
Part 4: Benefits and residence rules
Chapter 10: Residence and presence rules: overview
1. Introduction
2. Presence
3. Past presence
4. Living in the UK for three months
5. Residence
Children
6. Ordinary residence
Ordinary residence on arrival
Ordinary residence while here for a temporary purpose
Involuntary residence
Absence abroad
Legal residence
7. Habitual residence
8. The right to reside
Chapter 11: Habitual residence and the right to reside
1. The habitual residence test
Satisfying the habitual residence test for each benefit
Who does the habitual residence test apply to
Couples claiming universal credit
Joint-claim jobseeker's allowance
Who is exempt from the habitual residence test
Family members of refugees or people with humanitarian protection
If you fail the habitual residence test
2. 'Habitual residence in fact'
Residence
Voluntary residence
Settled intention
Appreciable period
Advance claims
Returning residents
If you are covered by the European Union co-ordination rules
3. The right to reside
Who does the right to reside test apply to
Means-tested benefits
The type of residence right you need
If you have been getting benefit since April 2004
Child benefit and child tax credit
The type of residence right you need
If you have been getting benefit since April 2004
Chapter 12: Who has a right to reside
1. Introduction
2. British, Irish and Commonwealth citizens
Irish citizens
3. European and non-European nationals
4. European Union Settlement Scheme
Moving from pre-settled to settled status
Benefit entitlements
Proving status
5. Protected groups that can have European free movement residence rights
6. European free movement residence rights
Free movement residence rights checklist
Legal sources of European free movement residence rights
7. Croatian, A2 and A8 nationals
Restrictions on employment and residence rights
Croatian and A2 nationals who were exempt from restrictions
A8 nationals who were exempt from restrictions
Legally working
8. Initial right of residence
9. Jobseekers
Who has a right to reside as a jobseeker
Croatian, A2 and A8 nationals
How long you have a right to reside as a jobseeker
Providing evidence
Employment you must seek and have a genuine chance of obtaining
If you have not claimed jobseeker's allowance
Benefit entitlement
Housing benefit
10. Workers
Who has a right to reside as a worker
Croatian, A2 and A8 nationals
Guidance for decision makers
Employment relationship
Genuine and effective, not marginal and ancillary
When you cease to be a worker
Benefit entitlement
11. Self-employed people
Who has a right to reside as a self-employed person
Croatian, A2 and A8 nationals
When you become and cease to be self-employed
When you become self-employed
When you cease to be self-employed
Benefit entitlement
12. Retaining worker or self-employed status
Croatian, A2 and A8 nationals
You are involuntarily unemployed and registered as a jobseeker
Involuntary unemployment
Registering as a jobseeker
How long you can retain worker or self-employed status while involuntarily unemployed
You have started vocational training
Training related to your previous employment or occupation
You are temporarily unable to work because of an illness or accident
As a result of an illness or accident
Temporary inability to work
You are pregnant or have recently given birth
Stopping work during the late stages of pregnancy or after childbirth
If the basis on which you retain your worker or self-employed status changes
Gaps
Benefit entitlement
13. Self-sufficient people and students
Croatian, A2 and A8 nationals
Sufficient resources
Not a burden on the social assistance system
Comprehensive sickness insurance
Self-sufficient students
Family members
Benefit entitlement
14. Family members of European Economic Area nationals
Croatian, A2 and A8 nationals
Who is a family member
Spouses and civil partners
Aged under 21
Dependent
Extended family members
Family members of British citizens
The British citizen has resided in another state
The British citizen lives in the UK and carries out activities in a European Economic Area state
The British citizen also has citizenship of a European Economic Area state
Former family members who retain their right to reside
When you may retain your right to reside
Benefit entitlement
15. Derivative residence rights
Who has a derivative right to reside
Who is an exempt person
Croatian, A2 and A8 nationals
Child in education of a worker or self-employed person
Who is 'in education'
Who is a 'worker' or 'self-employed person'
Absence of the child from the UK
Primary carer of a worker's or self-employed person's child in education
Who is a primary carer
Primary carer of a child who is self-sufficient
Primary carer of a child with a permanent right to reside
Primary carer of a British citizen
Child of a primary carer
Other derivative rights
Benefit entitlement
16. Permanent right to reside
Permanent residence after five years
Resided legally
Continuity of residence
Permanent residence in less than five years
What can be treated as a period of work
Residing in the UK
Family members
Loss of permanent right to reside
Benefit entitlement
17. Frontier worker
18. Other European freedom of movement residence rights
Chapter 13: Residence and presence: rules for individual benefits
1. Means-tested benefits
If your partner is abroad
If your child is abroad
European Union co-ordination rules
Reciprocal agreements
2. Bereavement benefits
European Union co-ordination rules
Reciprocal and other international agreements
3. Child benefit, Scottish child payment and guardian's allowance
Child benefit
Scottish child payment
Guardian's allowance
European Union co-ordination rules
Reciprocal and other international agreements
4. Disability and carers' benefits
When you can be treated as present
Exemptions from habitual residence and past presence test
European Union co-ordination rules
When the past presence test does not apply
When the co-ordination rules can help you satisfy the past presence test
Making a new claim while living in another European Economic Area state
Mobility component
Reciprocal agreements
5. Industrial injuries benefits
European Union co-ordination rules
Reciprocal agreements
6. Contribution-based jobseeker’s allowance and contributory employment and support allowance
European Union co-ordination rules
Contribution-based jobseeker's allowance
Contributory employment and support allowance
Reciprocal and other international agreements
7. Maternity allowance
European Union co-ordination rules
8. Retirement pensions
European Union co-ordination rules
Reciprocal and other international agreements
9. Social fund and other payments
Funeral payments
Winter fuel and heating payments
European Union co-ordination rules
Maternity grant payments
10. Tax credits
Couples and children
European Union co-ordination rules
You need to be a subscriber to see this page
Log in if you're already a subscriber or view our subscription options
Log in
View our subscription options
Purchase online access to the section for £0.00
Illustrations
Previous
Next
CPAG. "Part 4: Benefits and residence rules." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026.
CPAG,
https://askcpag.org.uk/?id=-258503CITANCHOR.
CPAG. "Part 4: Benefits and residence rules." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026. https://askcpag.org.uk/?id=-258503CITANCHOR.
Contributor(s):
CPAG
Title:
Benefits for Migrants Handbook (15th edition)
Site name:
CPAG
Publisher:
Publication date:
August 13, 2024
Date accessed:
March 12, 2026
URL:
https://askcpag.org.uk/?id=-258503CITANCHOR
height="0" width="0" style="display:none;visibility:hidden">
Default