People from Abroad
Immigration status
Everyone in the UK has an immigration status. You are either
subject to or not subject to immigration control.
People not subject to immigration control
If you are a national of another country you may lawfully live,
work or settle in the UK only if you have been given permission to
do so by the Immigration and Nationality Directorate (IND). The
type of permission you have been given affects whether you are
eligible to claim benefits and receive help as a homeless person.
In addition, all applicants need to pass a habitual residents
test.
People who are subject to immigration control
You are subject to immigration control if you are a national of
a country other than those within the European Economic Area. This
means that you may only lawfully live, work and settle in the UK if
you have been given written permission to do so by the IND. Written
permission is signified by an endorsement in your passport and is
known as Leave to Enter or Remain.
European Economic Area countries are:
Austria, Belgium, Cyprus, Denmark, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Lichtenstein, Luxembourg,
Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Spain,
Sweden and United Kingdom
Habitual residence test
The habitual residence test defines whether or not a person is
habitually resident in the Common Travel Area, that is the UK, the
Republic of Ireland, the Isle of Man and the Channel Islands. It
also helps determine entitlement to Income Support, Job Seekers
Allowance, Housing Benefit and other benefits.
The test considers various factors:
- whether your residence in the UK is of a voluntary and settled
nature;
- the length and continuity of your residence;
- your employment prospects;
- your reasons or intentions for coming to the UK;
- your future intentions.
Can I get some further help?
This is complex area and may have
implications not only for yourself, but also for your
spouse/civil partner and your family/extended family members, if
they have moved to the UK with you. We
would strongly recommend that you seek advice and information about
your eligibility to claim Housing Benefit and/or Council Tax
Benefit. Specialist information and advice is also available
from the Home Office Immigration and
Nationality Department and the Refugee Council
websites.
This webpage was updated on
2/9/2012