Why is this important?
Are you subject to immigration control?
If you come to the UK from abroad you may want to claim benefits. The right to claim benefits depends on what terms you've been allowed to enter the UK. This is called your immigration status. If you have limited rights and are subject to immigration control, you may damage your chances of being allowed to stay in the UK if you try to claim benefits.
This page explains what your rights are if you're subject to immigration control.
Getting advice
Proving your right to reside and intention to settle in the UK can be difficult. If you're unsure about anything, seek the help of an adviser.
Are you subject to immigration control?
If you're subject to immigration control you can't claim benefits. Making a claim could affect your right to stay in the UK. You're subject to immigration control if you:
- need permission to enter or remain in the UK but don't yet have it. For example, you've applied for a visa
- have permission to enter or remain in the UK only if you don't claim benefits or use other public funds, such as getting NHS treatment
- were given permission to enter or remain in the UK within the last five years on the grounds that another person signed a maintenance undertaking agreeing to support you.
Maintenance undertaking
A maintenance undertaking is a formal, legal agreement, in which a friend or family member has agreed to support you financially while you're in the UK.If you're in a couple and one of you is not subject to immigration control, they may be able to claim benefits. However, in most cases that person will need to make a claim as a single person. You should seek advice beforehand as your immigration status could be put at risk.
British and EEA Citizens
If you are an EEA or British citizen, you will not be subject to immigration control.
Next steps
Some people do not have to take the habitual residence test. This is called being exempt.
Check if you are exempt from taking the test
You don't have the right to reside
Other useful information
Case-law examples of the habitual residence test at www.parliament.uk - go to page 12
What the European law says: the EC Directive 2004/38 - EUR-Lex at www.eur-lex.europa.eu
What the UK law says: Immigration (EEA) Regulations 2006 - Legislation at www.legislation.gov.uk