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Benefits for Migrants Handbook (15th edition)
This content was last updated:
28 Nov 2025
Chapter 12: Who has a 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 12: Who has a right to reside
Back to previous
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
This chapter explains who has a right to reside. For information on the benefits and tax credits that require a right to reside, details of the requirements for each and the types of residency rights that are specifically excluded, see
here
.
The right to reside requirement is only one of the residence and presence conditions that must be satisfied for some benefits and tax credits. For all the residence and presence rules for each benefit, see
Chapter 13
.
If you, your partner and child are
not
all British or Irish citizens, you also need to check whether your benefit entitlements are affected by being defined as a ‘person subject to immigration control’ (see Chapters
7
and
8
).
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CPAG. "Chapter 12: Who has a right to reside." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026.
CPAG,
https://askcpag.org.uk/?id=-258544CITANCHOR.
CPAG. "Chapter 12: Who has a right to reside." In
Benefits for Migrants Handbook (15th edition).
, 2024. Accessed March 12, 2026. https://askcpag.org.uk/?id=-258544CITANCHOR.
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=-258544CITANCHOR
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