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Benefits for Migrants Handbook (15th edition)
This content was last updated:
28 Nov 2025
Chapter 10: Residence and presence rules: overview
Benefits for Migrants Handbook (15th edition)
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Benefits for Migrants Handbook (15th edition)
Part 4: Benefits and residence rules
Chapter 10: Residence and presence rules: overview
Back to previous
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
This chapter describes the different residence and presence conditions that apply when you make a claim for benefits in the UK. The two most well known conditions are the habitual residence test and the right to reside requirement, which are covered in more detail in
Chapter 11
. The groups of people who have a right to reside are covered in
Chapter 12
. The residence and presence requirements for individual benefits and tax credits are covered in
Chapter 13
.
If you are not a British or Irish citizen, first check
Part 3
to see whether your immigration status means you are excluded from benefits as a ‘person subject to immigration control’. If you are not excluded, you must still satisfy the residence and presence conditions described in this chapter.
If you live with a partner or child who is not British or Irish, check whether their immigration status affects your benefits. If your or their immigration leave is subject to a ‘no recourse to
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CPAG. "Chapter 10: Residence and presence rules: overview." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026.
CPAG,
https://askcpag.org.uk/?id=-258504CITANCHOR.
CPAG. "Chapter 10: Residence and presence rules: overview." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026. https://askcpag.org.uk/?id=-258504CITANCHOR.
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=-258504CITANCHOR
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