Right to Reside - Who has a right to reside?

The main circumstances in which you have a right to reside that will satisfy the right to reside test for the above benefits are if:

• You are a British or Irish citizen; or
• You have leave to enter or remain in the UK other than ‘pre-settled status’ or leave to enter the UK as a holder of an EU Settlement Scheme Family Permit or Travel Permit. However, check that your leave does not mean you are defined as a ‘person subject to immigration control’. For example if you have Settled status granted under the EU Settlement Scheme you have a qualifying right to reside and you are not defined as a ‘person subject to immigration control’; or
• Both the following apply to you:
  • you have pre-settled status or you have an outstanding valid application to the EU Settlement Scheme for settled or pre-settled status; and
  • you have a free movement right to reside in the UK. The main free movement residence rights are described on the next page of this guide. Note that if your only free movement right is as an EEA jobseeker (or family member of an EEA jobseeker) this only satisfies the right to reside test for child benefit.
• All four of the following apply to you (except for child benefit):
  • you have pre-settled status; and
  • you do not have a free movement right to reside (or it is only as a jobseeker or family member of a jobseeker); and
  • you cannot work (for example because you are ill or disabled); and
  • you cannot meet your basic needs (including food, accommodation and heating). 

If you do not know your immigration status, including if you do not know whether you have applied for, or have been granted, leave to be in the UK under the EU Settlement Scheme, or you are not sure if you may be eligible to do so, you need to get immigration advice before you claim any benefits, or you are included in someone else’s claim.