Right to reside

Welfare Rights - Right to reside block

Since 2004, access to most benefits for EEA nationals has depended on whether they have a ‘right to reside’ in the UK. This page lists our all adviser resources on right to reside.

Key resources

  • Right to reside training in London

  • Upper Tribunal extends pregnancy right to reside

    Issue 248 (October 2015)
    article

    Mike Spencer looks at a recent Upper Tribunal decision on the residence rights of women who have to give up work during pregnancy and following childbirth.

  • Residence rights round-up

    Issue 247 (August 2015)
    article

    Henri Krishna examines the most significant developments in residence-related rights for European migrants over the last year.

  • Genuine Prospect of Work- is this test lawful?

    April 2015
    article

    This is a paper drafted by Martin Williams setting out arguments as to the lawfulness of the "genuine prospect of work test" (requirement for compelling evidence etc) affecting EEA jobseeker's allowance (JSA) claimants. It was prepared for a talk at an AIRE Centre event

  • Right to reside: when 3 equals 6

    Issue 243 (December 2014)
    article

    Henri Krishna describes further reductions in rights to reside for jobseekers.

  • Residence rights and wrongs

    Issue 242 (October 2014)
    article

    Henri Krishna reviews recent changes in rules1 about residence and benefits, concentrating on developments not already covered by articles on the 1 January 2014 changes in CPAG's Welfare Rights Bulletin 238 and the Saint Prix decision of the European Court of Justice in CPAG's Welfare Rights Bulletin 241.

    • 1. SI 2014/1451
  • Saint Prix and the right to reside for pregnant women

    Issue 241 (August 2014)
    article

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    Mike Spencer looks at a recent European Court of Justice decision with important findings about the right to reside of women who have given up work due to pregnancy.

  • New restrictions for migrants

    Issue 238 (February 2014)
    article

    Rebecca Walker, author of the immigration and residence rules section of CPAG’s Welfare Benefits and Tax Credits Handbook, explains the new residence requirements introduced from January 2014.

  • Right to reside: Breytastic!

    Issue 236 (October 2013)
    article

    Martin Williams discusses the implications of the recent judgment of the European Court of Justice in Brey, and whether it can be of assistance to European Union (EU) nationals who would otherwise fail to establish a right to reside in the UK.

  • Child benefit: the wrong residence test?

    Issue 234 (June 2013)
    article

    A Northern Ireland Social Security Commissioner has held that the right-to-reside test cannot lawfully be applied in child benefit cases. The successful claimant was represented by Patricia Carty of the Law Centre Northern Ireland. Martin Williams discusses the case.

  • Punakova: Whether formerly self-employed EU nationals with children in education in the UK have a right to reside

    Last updated: February 25, 2013
    test case

    Punakova C-148/11 (Joined with Czop C-147/11) - Right to reside test - Formerly self-employed workers with children in education - 'Baumbast' rights - Article 12 Regulation (EEC) 1612/68 on the freedom of movement of workers.

    This was a potential test case extending the scope of the “right to reside” test, which governs access to certain benefits for EU workers in the UK.  The question in this case was whether so-called 'Baumbast' rights also apply to the children of EU nationals who had previously been self-employed.