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

  • 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. 

  • Think of the children: right to reside through a child

    Issue 228 (June 2012)
    article

    Martin Williams sets out the situations in which a person may have a right of residence in order to facilitate the right of residence of a child. The article highlights recent changes in the DWP position and forthcoming cases in the ECJ.

  • Permanent residence: settled

    Issue 226 (February 2012)
    article

    Martin Williams provides a round-up of the caselaw on when a European Economic Area (EEA) national or her/his family member will have a permanent right of residence as a result of residing in the UK for five years.

  • EU Charter of Fundamental Rights: the dog that hasn’t barked...yet

    Issue 225 (December 2011)
    article

    Graham Tegg considers whether a possible new approach to an existing piece of European Union (EU) law may be of assistance to claimants faced with negative right to reside decisions.

  • Right to reside: the aftermath of Patmalniece

    Issue 223 (August 2011)
    article

    Graham Tegg discusses the Patmalniece decision.

  • The right to reside: interim payments pending the outcome of an appeal

    Issue 222 (June 2011)
    article

    There are two near certainties in a disputed right to reside case. The first is that it will raise complex issues of EU law, domestic immigration law and social security law. The second is that it will take an age for the matter to be resolved. This article, by David Simmons, addresses the issue of whether, pending the ultimate outcome of an appeal, is there any provision or principle of EU law that potentially entitles EU nationals challenging negative decisions to be supported in the meantime.

  • Right to reside and self-employment: a review

    Issue 220 (February 2011)
    article

    Martin Williams looks at some of the issues for claimants arguing a right of residence sufficient to claim means-tested benefits based on self-employment.

  • Right to reside: pending court cases

    Issue 219 (December 2010)
    article

    Martin Williams considers ‘right to reside’ cases currently pending before the courts and how to advise claimants.

  • ‘Baumbast’ residence rights: more questions than answers

    Issue 218 (October 2010)
    article

    Graham Tegg examines unresolved questions relating to residence rights following Ibrahim and Teixiera.

  • Court of Appeal victory in 'Pedro': mums in the ascendancy

    Issue 211 (February 2010)
    article

    Graham Tegg reports on a CPAG test case.