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Benefits for Migrants Handbook
16th edition
Last updated: 1 August 2026
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  • 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

Breadcrumb

  1. Benefits for Migrants Handbook 16th edition
  2. Part 2: Immigration law
  3. Chapter 2: Immigration and nationality law: overview

1. Immigration and nationality law

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