Proving your right to remain in the UK can be a lengthy process, and requires some planning especially if your visa is due to expire.
If you are a non UK or EU national you may need to provide additional evidence of your right to reside in the UK, depending on your circumstances.
What is the right to reside in the UK?
‘Right to reside’ means you have the right to live in the UK.
You have a right to reside in the UK if any of the following is true:
- You’re a British citizen
- You’re a citizen of Ireland
- You have pre-settled or settled status through the EU Settlement Scheme
- You have indefinite leave to enter (ILE) or remain in the UK (ILR)
- You’re exempt from immigration control
The benefits of ILR
Explain ilr (immigration, healthcare, working, study and other rights)
The Home Office has written a guide explaining the way EU, EEA and Swiss nationals who have either been granted a UK Visa or the EU Settlement Scheme will receive notification of the change.
It must be understood if you want to live a life in Britain. In Britain you may be given different protections depending upon what immigration permit you have.
Checking if you have the right to reside
If you are from Europe, Europe’s economy and the EU you may have a benefit under if you are claiming EEA benefits.
You are entitled to reside in different ways. Generally speaking, some forms of residence give more rights — you have an additional right to work or seek job opportunities if you work in the field.
Proving your right to reside
If the claim does not exist then you must prove that you are entitled to live in the area. You are entitled to stay in a different location because you have worked or have an important family connection.
You will only need to show that you are entitled to residence. You need to show the fact you are entitled to residence during the application process.
This evidence can be found in your application and may be taken for interviews. Tell me the best way to prove legal residency.
Habitual residence test
If you can prove you have a right to reside, you might also need to show you plan to settle in the UK when you claim benefits. You do this by passing the habitual residence test.
You do not need to pass the habitual residence test if you have a right to reside because you:
- Are a worker or self-employed person
- Are the family member of a worker or self-employed person
- Have retained your worker or self-employed status
- Got a permanent right to reside in less than 5 years – for example, because you retired or cannot work any more because of illness or an accident
If you have another type of right to reside, you’ll have to pass the habitual residence test to claim:
- Universal Credit
- Income Support
- Income-based Jobseeker’s Allowance
- Income-related Employment Support Allowance
- Housing Benefit
- Pension Credit
- Personal Independence Payments
- Disability Living Allowance
- Attendance Allowance
- Carer’s Allowance
Proving your family member has been working
If you have a right to reside because of a family member, you’ll need evidence to prove their right to reside. A family member means someone like your:
- Husband, wife, or civil partner
- Children or grandchildren
You can upload evidence of your relationship in your application. This evidence can be scans or photos of documents.
The Home Office can require you to submit the original document where it has reasonable doubt as to the authenticity of the copy relied upon.
If you are from the EEA and need to show you have a right to reside because you or a family member has been working, you will need to provide evidence to prove it.
From 2020 onwards, all EEA citizens can now establish residency rights within the UK under EU free movement rules.
The reason they were allowed to live at home was because there is no need for a residence document like a visa.
Eventually their stay was permanent in the British Isles for a period normally five years and no document was needed for their permanent residence.
In the EU free movement rules, individuals had the right to obtain services and benefits in England.
What happens when you achieve settled status
If you settle your claim for permanent residence, you will be granted re-entry status automatically.
If you have an already established residence you may apply for additional benefits.
Once you achieve settled status, you will then be granted the same freedom as a British citizen.
These benefits include but are not limited to:
- Freedom to travel with a UK passport
- Access to UK education
- Access to UK healthcare
- The right to vote in a UK election
- The right to live and work in the UK free of immigration controls
- The right to run for elections
When you do not have the right to reside
You do not have the right to reside if you do not have one of the following:
- Indefinite Leave to Remain
- A valid visa allowing you residency
- You have a criminal record and face deportation charges
You do not have the right to reside but can stay in the UK while you have one of the following:
- A visa
- A family permit
A ‘right to reside’ means being legally entitled to live in the UK/Ireland, either for a fixed period or indefinitely.
How IAS can help
It is advisable that you keep up to date with your residency status.
This is particularly important when you’ll eventually come to apply for an extension on your visa, as well as applying for indefinite leave to remain.
If you have any questions or concerns about your absences from the UK on your visa, applying for ILR, or any other issue you might have about UK visas and immigration, IAS are here to help.
We are expert and professional immigration lawyers who are committed to delivering the highest quality immigration advice, personal or financial information support to our clients.
We can also advise you on routes to settlement, such as applying for British citizenship and how to become eligible, such as naturalisation or residency.
Last modified on August 25th, 2022 at 2:24 pm
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