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Benefits for Migrants Handbook (15th edition)
This content was last updated:
28 Nov 2025
Chapter 11: Habitual residence and the right to reside
Benefits for Migrants Handbook (15th edition)
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Benefits for Migrants Handbook (15th edition)
Part 4: Benefits and residence rules
Chapter 11: Habitual residence and the right to reside
Back to previous
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
This chapter explains how the habitual residence test and the right to reside requirement apply to the various benefits and tax credits, and how you can show habitual residence. For information on who has a right to reside, see
Chapter 12
.
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CPAG. "Chapter 11: Habitual residence and the right to reside." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026.
CPAG,
https://askcpag.org.uk/?id=-258519CITANCHOR.
CPAG. "Chapter 11: Habitual residence and the right to reside." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026. https://askcpag.org.uk/?id=-258519CITANCHOR.
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=-258519CITANCHOR
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