right to reside

  • Advising BME communities project


    The advising black and minority ethnic (BME) communities project aims to support those working with both existing and new BME communities - including migrant workers, refugees and asylum seekers - to maximize potential income available through the benefits and tax credits system for families and individuals at the risk of poverty.

    This project provides a range of training, information, a quarterly ebulletin and support for organisations and those working with BME groups.

  • Right to reside for the self-employed

    Last updated: June 22, 2017
    test case

     MH v Secretary of State for Work and Pensions C3/2015/2886

  • Benefits for people from abroad

    Level: Standard

    training course

    This two-day course aims to equip you to advise claimants from abroad, both European non-European nationals. Using a step-by-step approach and practical examples, it helps you understand how the residence and presence and immigration status tests operate in benefits and tax credits and how they can be satisfied.

    Read more
  • Right to reside and habitual residence

    Level: Standard

    training course

    This one-day standard level course looks at the operation of the right to reside and habitual residence tests in benefits and tax credits. It covers how these tests are satisfied, and focuses on the residence rights of those who face the greatest difficulties: European nationals and their family members.

    Read more
  • Right to reside – parent or carer of child in education


    This factsheet explains the right to reside in the UK that EEA nationals who are workers or former workers may have on the basis of having a child in UK education.

  • Upper Tribunal extends pregnancy right to reside

    Issue 248 (October 2015)

    Mike Spencer looks at a recent Upper Tribunal decision on the residence rights of women who have to give up work during pregnancy and following childbirth.

  • Pregnancy - Right to Reside - Scope of Saint Prix

    Last updated: September 17, 2015
    test case

    UPDATE: The Upper Tribunal has allowed the appeal - the judgment can be downloaded on the right of this page [2015] UKUT 0502 (AAC).  Judge Ward found that the "reasonable period" for which a woman can have a right to reside during pregnancy and the aftermath of childbirth is 52 weeks (and not 26 weeks as proposed by the Secretary of State), subject to individual circumstances. There will be a summary of the judgment in the October 2015 edition of CPAG's Welfare Rights Bulletin.

    ADR v SSWP CIS/1288/2012 (Upper Tribunal (Administrative Appeals Chamber))

  • Residence rights round-up

    Issue 247 (August 2015)

    Henri Krishna examines the most significant developments in residence-related rights for European migrants over the last year.

  • Genuine Prospect of Work- is this test lawful?

    April 2015

    This is a paper drafted by Martin Williams setting out arguments as to the lawfulness of the "genuine prospect of work test" (requirement for compelling evidence etc) affecting EEA jobseeker's allowance (JSA) claimants. It was prepared for a talk at an AIRE Centre event

  • Right to reside: when 3 equals 6

    Issue 243 (December 2014)

    Henri Krishna describes further reductions in rights to reside for jobseekers.