Check if you can pass the habitual residence test for benefits
If you’re from the EU, Norway, Switzerland, Iceland or Liechtenstein and you want to apply for benefits, you’ll need to show you have the right to claim. You’ll also need to show you plan to stay in the UK.
You can show this by passing the ‘habitual residence test’.
If you’ve come from Ukraine because of the war
You don’t need to take the habitual residence test if you:
- were living in Ukraine by 31 December 2021
- left Ukraine because of the invasion
- have a visa that gives you the right to stay in the UK
If you’ve come from Afghanistan since 15 August 2021
You don't need to take the habitual residence test - you might be able to claim benefits straight away. You’ll need to show you left Afghanistan because of the fall of the Afghan government on 15 August 2021.
You'll need to show a document saying why you left Afghanistan when you make a claim for benefits. What document you can show will depend on your situation. If you've got a letter from the UK's Home Office saying your immigration status, you can show this when you make a claim.
If you don't have a letter from the Home Office, you can show a document saying you've come to the UK through either of the following ways:
- the Afghan Relocations and Assistance Policy, ARAP
- the Afghan Citizens Resettlement Scheme, ACRS
If you were employed by the UK government in Afghanistan, you should be eligible for the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’. If you’re eligible, you might be able to claim benefits straight away.
You can check if you’re eligible for the Afghanistan Locally Employed Staff Ex-Gratia Scheme on GOV.UK.
Passing the habitual residence test
What you'll need to prove will depend on what benefit you want to claim. You'll usually need to show:
- the UK, Ireland, Channel Islands or Isle of Man is your main home and you plan to stay - this is known as being 'habitually resident'
- you have a 'right to reside' - this depends on things like your work, family and personal situation
How you complete the habitual residence test depends on the benefit you're claiming. When you make your claim, you'll be told if it will be online, on the phone or face to face. You won't need to study for the test but you'll need to gather evidence.
If you’ve lived in the UK for 5 years or more
If you were in the UK before 31 December 2020 but haven't applied to the EU Settlement Scheme, you might still be able to make a late application. You’ll need to have a good reason for missing the deadline of 30 June 2021. Find out how to make a late application to stay in the UK.
If you already have pre-settled status, you’ll still be able to reapply to the scheme to upgrade to settled status after 30 June 2021.
If you have family members who arrived in the UK after 31 December 2020 there are different deadlines for their applications - find out more about bringing family to the UK.
If you’re having problems applying to the scheme or need to make a late application, contact an adviser.
Showing you're habitually resident
To pass the test you'll be counted as 'habitually resident in fact'. To pass you'll need evidence to show:
- when you arrived in the UK, Ireland, Channel Islands or Isle of Man
- the UK, Ireland, Channel Islands or Isle of Man is your main home
- you have a right to claim benefits in the UK
The DWP will need to believe you plan to stay in the UK, not just visit. They’ll consider things like:
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if you intend to make the UK your home
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if you’ll be working or looking for work
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your ties to the UK - like if family are joining you
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how often you return to the country where you previously lived
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if you’re a member of local organisations - like clubs, gyms, social or community groups
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the length of your stay
You'll usually need to be in the UK, Ireland, Channel Islands or Isle of Man for at least 1 to 3 months before you can claim benefits - this is called an 'appreciable period of time'.
In some situations, you might be able to claim benefits earlier. For example - if you return after being abroad and were habitually resident before travelling, the DWP will consider your ties to the UK and why you left. They might decide you’re habitually resident immediately.
Evidence you'll need
You'll need to provide original documents to prove you’re habitually resident - copies won't be accepted.
It's best if you've got at least 2 documents. The documents can include:
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your travel ticket or boarding pass
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your wage slips or tax documents such as a P45 or P60
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a copy of your tenancy agreement in the UK, Ireland, Channel Islands or Isle of Man
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UK, Ireland, Channel Islands or Isle of Man bank or building society statement
Show the UK, Ireland, Channel Islands or Isle of Man is your main home
You'll need to show the UK, Ireland, Channel Islands or Isle of Man is your main home and plan to stay. These are called the 'settled intention to remain' and your 'centre of interest'.
It's best if you've got at least 2 documents to prove this is your main home and you plan to stay. The documents can include:
- a copy of your tenancy agreement in the UK, Ireland, Channel Islands or Isle of Man or proof that you've ended your tenancy in the country you've left
- UK, Ireland, Channel Islands or Isle of Man bank or building society statements, or proof that you've closed accounts in the country you've left - you don't need to close bank accounts, but it will strengthen your case
- bills or letters with your name and address in the UK, Ireland, Channel Islands or Isle of Man
- a letter or email from your doctor or dentist
- a letter or email from your child's school
- records of membership payments to a local club - for example, a gym membership
If you’re not working, it might help if you show you have savings or you get financial support from your family or friends. For example, you could prove this with statements from a bank or building society account based in the UK, Ireland, the Channel Islands or the Isle of Man.
Show you have a right to claim benefits in the UK
You'll need to show you have a right to live and claim benefits in the UK - this is called the 'right to reside'. Check if you have the right to reside if you're not sure.
Check if you need other evidence
What you'll need to prove will depend on what benefit you want to claim.
If you're ill, disabled or caring for someone
You'll need to be habitually resident and show you've been in England, Scotland or Wales for 2 of the last 3 years. This is called the 'past presence test'.
You'll need to pass the past presence test if you want to claim:
- Disability Living Allowance
- Personal Independence Payment
- Attendance Allowance
- Carer's Allowance
If you’re claiming for someone else, for example your child, they’re the one who has to pass the past presence test.
If you’re claiming for a child under 36 months old
They only need to have been in the country for 6 months, instead of 2 years. If they’re under 6 months old, it’s reduced to 13 weeks.
If you're claiming child benefit or child tax credits
You'll need to show you've been living in the UK for the past 3 months - this is called the '3-month living in test'.
If you're claiming income-based Jobseeker's Allowance
You'll need to show you've been living in the UK, Ireland, Channel Islands or Isle of Man for the past 3 months - this is called the '3-month living in test'.
After you've gathered your evidence
When you've got your evidence, check if you're eligible for the benefit you'd like to claim.