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 + 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 ← Previous 3. Integration loans Next → Chapter 10: Residence and presence rules: overview
