Nationals of non-European Economic Area (EEA) countries
Key information
Non-EEA nationals will be subject to immigration rules
and their right to benefits will be defined by their immigration
status.
Applies to: England, Wales, Scotland and
Northern Ireland
Index
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Indefinite leave to remain
Non-EEA nationals with indefinite leave to remain (often called
‘settled status’) have no time limit and and usually no conditions
on their right to stay in the UK. You have broadly the same rights
and entitlements to services as UK citizens and can apply for
welfare benefits and tax credits.
The exception is if your right to remain was awarded as a
result of another person formally agreeing to maintain and
accommodate you.
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Limited leave to remain
If you have limited leave to remain (leave for a limited
period of time) you are likely to be excluded from benefits
and tax credits. When people are given limited leave to remain it
is usually on the condition that they have ‘no recourse to public
funds’ while they are in the UK.
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Public funds
Public funds in this situation includes the following benefits
and tax credits:
Immigration status does not affect
eligibility for benefits which depend on National Insurance
contributions such as:
Or other work-related benefits, including:
You may find it difficult to gain entitlement to
contributory benefits though since these depend upon you
having a sufficient National Insurance contribution
record.
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Exceptions
There are limited circumstances when a person with limited
leave to remain can claim a benefit which is considered a 'public
fund' without being considered to have had recourse to public
funds. For example, a person may claim Income Support at the
reduced ‘urgent cases’ rate for up to 42 days if circumstances
beyond their control have left them temporarily without money.
However, a person with limited leave to remain who has
recourse to public funds could be risking removal, refusal of
further leave and/or prosecution so it is important that you seek
specialist advice. You can use our Find an
Adviser tool.
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Reciprocal agreements
People coming to the UK from countries which have a bilateral social security agreement with
the UK, may be able to use periods of residence and contributions
paid in those countries to help them qualify for benefits in the
UK.
The scope of the agreements, in terms of the benefits covered
and the categories of people that can take advantage of them,
differs from country to country.
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Partner not subject to immigration control
Specialist advice should be sought if you are a person
subject to immigration control who has a partner who is not subject
to immigration control.Your partner may be able to claim some
benefits either in their name or in some situations for you
both.
Example: For Child Tax Credit and
Working Tax Credit claims, as long
as one member of the couple is not subject to public
funds restrictions, neither will be considered to be.
However, advice should always be sought to ensure a benefit
claim does not affect the status of the person subject to
immigration control.
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This information has been produced by
Broadway.
Last reviewed: 6 April 2012
Turn2us - to access benefits & grants.
