Presence and Residence Tests - What are the Presence and Residence Tests?

To get most benefits, you have to be present in the UK and satisfy conditions about your residence. 

The rules on presence and residence vary between different benefits and tax credits. Some residence and presence rules refer to Great Britain and the UK, others refer to the  Common Travel Area , and the Scottish benefits also refer to Scotland. 

These are the different Residence and Presence Tests 

• Presence Test 
• Past Presence Test 
• Living in the UK for three months
• Ordinary Residence
• Habitual Residence
• Right to Reside 

Different benefits have different presence and residence tests. Find out which residence and presence tests you need to pass in order to claim a particular benefit. 

If you are not a British or Irish citizen, you should first check if your immigration status means you are excluded from the benefits you want to claim. If you live with a partner or child who is not British or Irish, you need to check if any claim you make could affect their right to stay in the UK.  

If you do not know whether you have been granted leave to be in the UK, or you are not sure what leave you have, you need to get immigration advice before you claim any benefits.