You need to be a subscriber to see this page Log in if you're already a subscriber or view our subscription options Log in View our subscription options Go to Expand all + Authors and acknowledgements Abbreviations Part 1: Introduction Chapter 1: How to use this book 1. About this Handbook How this book is organised Finding information 2. Checking the rules that affect you 3. Finding the relevant law 4. Immigration advice Part 2: Immigration law Chapter 2: Immigration and nationality law: overview 1. Immigration and nationality law Sources of law Relevant institutions 2. The main types of immigration status Immigration bail 3. British nationality Multiple nationalities British nationals and the right of abode Acquiring British citizenship at birth Registering as a British citizen after 10 years Registering due to unfairness or exceptional circumstances 4. Immigration and nationality applications Applying from outside the UK Applying from within the UK Application procedure Home Office application fees Immigration health surcharge Home Office fee waiver policy Fee waivers for children’s citizenship applications Section 3C extension of leave to remain 5. Appeals and other remedies Appeals to the First-tier Tribunal Rights of appeal Appeal time limits In-country and out-of-country appeals Certification Tribunal fees Administrative review Administrative review time limits Judicial review 6. Deportation and administrative removal Automatic deportation Public good deportation Family members of people facing deportation Challenging deportation decisions Administrative removal and voluntary return Chapter 3: Leave to enter or remain 1. Leave to enter or remain Conditions of leave Who is exempt from the usual conditions Turkish nationals 2. Time-limited leave 3. Indefinite leave 4. Employment 5. Recourse to public funds Applications to have no recourse to public funds condition removed 6. Leave as a family member Who is a sponsor Financial requirements Adequate maintenance Adequate accommodation If your circumstances change Maintenance undertakings Leave to remain as a partner on the five-year route to settlement 7. Private life routes 8. Domestic violence or abuse and bereavement Domestic violence or abuse Bereavement 9. The points-based system Chapter 4: Asylum and human rights 1. Asylum seekers Applying for asylum Detention and removal Permission to work 2. Refugee leave and humanitarian protection Family reunion Exclusions 3. Fresh applications 4. Victims of human trafficking or slavery 5. Stateless people 6. Leave for human rights and compassionate reasons Leave granted under Article 8 of the European Convention on Human Rights grounds Unaccompanied children Leave outside the rules Discretionary leave Restricted leave Migrant victims of domestic abuse concession Leave outside the Immigration Rules for other reasons Afghan resettlement and relocation schemes Afghan Relocations and Assistance Policy Afghan Citizens Resettlement Scheme The Afghanistan Response Route Appendix Ukraine Scheme Ukraine Sponsorship Scheme (Homes for Ukraine) Ukraine Extension Scheme Ukraine Permission Extension Scheme Ukraine Family Scheme Hong Kong British national (overseas) route Chapter 5: The European Union Settlement Scheme 1. The EEA member states 2. Immigration categories for EEA nationals and family members 3. The EUSS Who is eligible for leave under the EUSS Joining family members Family members who were resident by 31 December 2020 Direct family members under the EUSS Extended family members under the EUSS Family members of Northern Irish citizens General deadline to apply to the EUSS 4. Leave under the EUSS Settled status Continuous residence Pre-settled status Suitability for settled and pre-settled status Retained rights and the EUSS Derivative rights and the EUSS Family members of British citizens under the EUSS (Surinder Singh cases) 5. Progressing from pre-settled status to settled status Curtailment 6. Late applications to the EUSS If you are waiting for an application to be decided Deadlines for EUSS applications 7. Challenging EUSS decisions 8. Arriving from 1 January 2021 onwards EEA nationals newly arriving, not joining family already resident in the UK Joining family members EUSS family permits Applying to the EUSS from outside the UK EUSS travel permits 9. Frontier workers Who is eligible for a frontier worker permit Family members of frontier workers 10. Documentation under the EUSS 11. Deportation Deportation rules for offences committed before 31 December 2020 Deportation rules for offences committed after 31 December 2020 Chapter 6: Checking your immigration status 1. Introduction 2. British nationals and people with the right of abode 3. People with leave to enter or remain Entry clearance confirming leave to enter Leave to enter Leave to remain granted in the UK Biometric residence permits eVisas Section 3C extension of leave Travel and status documents issued to non-UK nationals 4. People without leave 5. Long-term residents and the Windrush generation 6. Asylum seekers 7. EEA nationals Under the EUSS Under the Immigration Rules 8. Passport issues Leaving the UK New or lost passports Illegible passport stamps Part 3: Benefits and immigration status Chapter 7: People subject to immigration control 1. Introduction 2. How and why to check the effect of immigration status on benefits Evidence of immigration status 3. Who is a person subject to immigration control EUSS You require leave to enter or remain but do not have it Extension of leave Domestic violence and abuse Your leave has a no recourse to public funds condition Main circumstances when condition may be breached Your leave is given as a result of a maintenance undertaking Consequences for your sponsor if you claim benefits If you only have leave to remain because you are appealing Leave granted under the EUSS Chapter 8: People subject to immigration control and benefits 1. Benefits that exclude people subject to immigration control Claiming other benefits 2. People subject to immigration control who can be entitled Means-tested benefits Your leave is on the basis of a maintenance undertaking and you have been resident for five years Nationals of Turkey, North Macedonia and most European countries Disability, carers’ and child benefits Nationals of Albania, Algeria, Morocco, San Marino, Tunisia and Turkey You are covered by a reciprocal agreement Social fund and other payments 3. Partners and children who are subject to immigration control Means-tested benefits Universal credit Housing benefit Pension credit Non-means-tested benefits Chapter 9: Asylum seekers and refugees 1. Asylum seekers 2. Benefits for people granted leave following an asylum application Family reunion Backdating child benefit and tax credits 3. Integration loans Applications Decisions, payment and repayments Part 4: Benefits and residence rules Chapter 10: Residence and presence rules: overview 1. Introduction 2. Presence 3. Past presence 4. Residence Children 5. Ordinary residence Ordinary residence on arrival Ordinary residence while here for a temporary purpose Involuntary residence Absence abroad Legal residence 6. Habitual residence 7. The right to reside Chapter 11: Habitual residence and the right to reside 1. The habitual residence test Satisfying the habitual residence test for each benefit Who the habitual residence test applies to Couples claiming universal credit Who is exempt from the habitual residence test 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 EU co-ordination rules 3. The right to reside Who does the right to reside test apply to Universal credit, pension credit and housing benefit The type of residence right you need Jobseekers and family members of jobseekers If you have been getting benefit since April 2004 Child benefit The type of residence right you need Chapter 12: Who has a right to reside 1. Introduction Overview of when you have a right to reside 2. British, Irish and Commonwealth citizens Irish citizens 3. The EUSS Moving from pre-settled to settled status Benefit entitlements Pre-settled status 4. Protected groups that can have European free movement residence rights 5. European free movement residence rights Free movement residence rights checklist Legal sources of European free movement residence rights 6. Croatian, A2 and A8 nationals 7. Initial right of residence 8. Jobseekers Who has a right to reside as a jobseeker 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 9. Workers Who has a right to reside as a worker Guidance for decision makers Employment relationship What counts as remuneration Working under the direction of another person Cash in hand, agency and trafficked work Genuine and effective, not marginal and ancillary Number of hours worked Duration of the employment Level of earnings Irregular or erratic work Other employment rights Work of economic value to the employer When you cease to be a worker Benefit entitlement 10. Self-employed people Who has a right to reside as a self-employed person When you become and cease to be self-employed When you become self-employed When you cease to be self-employed Pregnancy Benefit entitlement 11. Retaining worker or self-employed status 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 12. Self-sufficient people and students Sufficient resources Source of the resources Not a burden on the social assistance system Comprehensive sickness insurance Self-sufficient students Family members Benefit entitlement 13. Family members of EEA 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 also has citizenship of an EEA state Former family members who retain their right to reside EEA Regulations EU Directive 2004/38 Check for other residence rights Benefit entitlement 14. Derivative residence rights Who has a derivative right to reside Who is an exempt person 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 Does the child require your residence in the UK? 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 15. Permanent right to reside Permanent residence after five years Resided legally Periods before 30 April 2006 Jobseekers Initial right of residence Family members Former family members Non-EEA nationals Derivative right to reside Continuity of residence Absence from the UK Gaps while in the UK Gaps after five years 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 16. Frontier workers 17. Other European freedom of movement residence rights Chapter 13: Residence and presence: rules for individual benefits 1. Universal credit, pension credit and housing benefit If your partner is abroad If your child is abroad EU co-ordination rules Reciprocal agreements 2. Bereavement benefits EU co-ordination rules Reciprocal and other international agreements 3. Child benefit, Scottish child payment and guardian’s allowance Child benefit Scottish child payment Guardian’s allowance EU co-ordination rules Reciprocal and other international agreements 4. Disability and carers’ benefits When you can be treated as present Exemptions from habitual residence and past presence test EU co-ordination rules When the past presence test does not apply When the co-ordination rules can help you satisfy the past presence test Making a new claim while living in another EEA state Mobility component Reciprocal agreements 5. Employment and support allowance EU co-ordination rules Reciprocal and other international agreements 6. Industrial injuries benefits EU co-ordination rules Reciprocal agreements 7. Jobseeker’s allowance EU co-ordination rules Reciprocal and other international agreements 8. Maternity allowance EU co-ordination rules Reciprocal agreements 9. Retirement pensions EU co-ordination rules Reciprocal and other international agreements 10. Social fund and other payments Funeral payments Winter fuel and heating payments Maternity grant payments Part 5: Benefits while abroad Chapter 14: Going abroad 1. Introduction Before you go abroad Which rules apply 2. How your benefits are affected UK law Presence and absence Temporary absence Ordinary residence Habitual residence Right to reside Couples and children living apart Absence from your home European Union co-ordination rules Reciprocal and other international agreements Chapter 15: Going abroad: rules for individual benefits 1. Means-tested benefits Universal credit If your partner is abroad If your child is abroad European Union co-ordination rules Pension credit If your partner is abroad If your child is abroad European Union co-ordination rules Housing benefit If your partner or child is abroad European Union co-ordination rules 2. Bereavement benefits European Union co-ordination rules Reciprocal agreements 3. Child benefit, Scottish child payment and guardian’s allowance Child benefit Scottish child payment Guardian’s allowance European Union co-ordination rules Reciprocal and other international agreements 4. Disability and carers’ benefits European Union co-ordination rules Reciprocal agreements 5. Employment and support allowance European Union co-ordination rules Reciprocal agreements 6. Industrial injuries benefits European Union co-ordination rules Reciprocal agreements 7. Jobseeker’s allowance European Union co-ordination rules Reciprocal agreements 8. Maternity allowance, incapacity benefit and severe disablement allowance European Union co-ordination rules Reciprocal agreements 9. Retirement pensions European Union co-ordination rules Reciprocal agreements 10. Statutory payments European Union co-ordination rules Part 6: European co-ordination rules and international agreements Chapter 16: European Union co-ordination rules 1. Introduction Overview of how the rules can affect entitlement How to check if the co-ordination rules apply The co-ordination principles 2. Who is covered Who is covered by Withdrawal Agreement protections How long the Withdrawal Agreement protections apply Partial Withdrawal Agreement protections Who is covered by the main co-ordination rules Who is covered by the UK–Ireland Convention on Social Security Who is covered by the UK–EU Protocol Who is covered by the UK–EFTA Convention When the old co-ordination rules apply Common terms ’Subject to the legislation of’ Member of the family 3. Which benefits are covered Social security benefits Disability and carers’ benefits Special non-contributory benefits Social and medical assistance 4. Principles of co-ordination The single competent state How residence is determined When the competent state changes If the decision maker decides a different state is competent Sickness benefits Determining the competent state for sickness benefits If a member of your family works in another member state If you or a member of your family receive a pension from another member state Scenarios if a pension is paid by another member state Who is a member of the family for sickness benefits in kind Checklist to determine if the UK is your competent state for sickness benefits Equal treatment of people Equal treatment of facts and events Aggregation Disability and carers’ benefits Unemployment benefits Exporting benefits Overlapping benefit rules 5. Family benefits Members of your family resident in another state Priority when family benefits overlap Administration of family benefits Chapter 17: International agreements 1. Reciprocal agreements Agreements with non-EEA countries Agreements with Ireland, Northern Ireland, the Channel Islands, the Isle of Man and Gibraltar Agreements with Northern Ireland Agreements with Gibraltar Agreements with EEA states Agreement with Switzerland People covered by the agreements Benefits covered by the agreements Unemployment benefits Sickness and invalidity benefits Maternity benefits Benefits for industrial injuries Retirement pensions and bereavement benefits Family benefits Dependants’ benefits 2. Council of Europe conventions and agreements Effect on benefit entitlements 3. European association agreements and their replacements Agreements with equal treatment provisions Other agreements Albania Israel Part 7: Benefit claims and getting paid Chapter 18: Delays 1. Dealing with delays The reasons for the delay When the delay occurs 2. Waiting for a decision on a claim Benefits administered by the DWP and HMRC Official targets Advance payments Applications and decisions Repayments If you are refused an advance payment Interim payments of child benefit and guardian’s allowance Housing benefit Payments on account Scottish benefits Making a complaint Complaints about the DWP Complaints about HMRC Complaints about Social Security Scotland Complaints about housing benefit Judicial review Pending test cases 3. Delays when challenging a decision Delay in carrying out a revision Delay while appeal is prepared Delay following a mandatory reconsideration or redetermination Delay without a mandatory reconsideration Appeal delayed because of a pending test case 4. Delays getting paid The decision awarding you benefit Suspension of benefit The decision maker requires further information If an appeal is pending If your appeal concerns European law Chapter 19: National insurance numbers 1. The national insurance number requirement When the requirement applies Who is exempt 2. Obtaining a national insurance number Applying for a national insurance number 3. Common problems Making a claim Delays Benefit is refused Other remedies Chapter 20: Providing evidence 1. General points about evidence Evidence required when you make a claim Proving your identity Making a valid claim Evidence that you are entitled Evidence that you are not excluded Decisions to end your entitlement If you make another benefit claim If evidence is not available to you 2. Evidence of immigration status Problems providing evidence Changes in immigration status 3. Evidence of residence rights Residence documents issued under the EEA Regulations EEA Regulations residence documents since 1 July 2021 4. Other types of evidence Evidence from other countries Evidence of nationality Evidence of a relationship Non-EEA nationals Evidence of marriage or civil partnership Evidence of parentage Evidence of age Evidence of work Croatian, A2 and A8 nationals Evidence of jobseeking Examples of evidence Part 8: Other sources of help Chapter 21: Other sources of help 1. Council tax reduction People subject to immigration control Public funds Asylum support Residence requirements Right to reside National insurance number requirement Absences from home 2. Local welfare assistance schemes 3. Early years food and vitamins 4. Free milk for children 5. Education benefits 6. Asylum support 7. Community care support from the local authority Adults with care and support needs Other types of support 8. Support under the Children Acts 9. NHS healthcare Services exempt from charges Who is not chargeable Who can be ordinarily resident in the UK Groups exempt from NHS charges How to challenge an invoice for NHS care 10. Other financial help Appendices Appendix 1: Glossary of terms Appendix 2: Information and advice Immigration and asylum AIRE Centre (Advice on Individual Rights in Europe) Asylum Aid Asylum Support Appeals Project (ASAP) Bail for Immigration Detainees British Red Cross Civil Legal Advice The Equality Advisory and Support Service EU Rights and Brexit Hub Joint Council for the Welfare of Immigrants Maternity Action (Migrant Women’s Rights Service) Migrant Help Project 17 Refugee Action Refugee Council Rights of Women Scottish Refugee Council Settled Welsh Refugee Council Work Rights Centre Social security Independent advice and representation Advice from CPAG Appendix 3: Useful contacts Immigration and asylum UK Visas and Immigration First-tier Tribunal (Immigration and Asylum Chamber) Upper Tribunal (Immigration and Asylum Chamber) First-tier Tribunal (Asylum Support) Immigration Advice Authority Social security HM Courts and Tribunals Service First-tier Tribunal (Tax Chamber) The Upper Tribunal (Administrative Appeals Chamber) The Upper Tribunal (Tax and Chancery Chamber) NHS Business Services Authority Ombudsman Appendix 4: Useful publications Caselaw and legislation Official guidance Leaflets Periodicals Other publications Appendix 5: Reciprocal agreements Reciprocal agreements with EEA states Reciprocal agreements with non-EEA states Appendix 6: Abbreviations used in the notes Agreements and conventions Acts of Parliament Regulations and other statutory instruments Other information
