You are now leaving the Turn2us site. Turn2us is not responsible for content on third party sites.

Habitual Residence Test - What is 'Habitual residence in fact'?

All claimants have to pass or be exempt from the Habitual Residence Test in order to claim certain benefits and Tax Credits.

What is 'Habitual residence in fact'?

The key points in deciding whether you are ‘habitually resident’ in fact are:

  • You must be resident
  • You must show intention to settle (not necessarily permanently) in the Common Travel Area.
  • In most cases you must have been resident for an ‘appreciable period’.  How long this period has to be is not set out in the regulations, and depends on your circumstances.   Between one and three months residence is required in most cases, but it can be shorter. The stronger your intention to settle in the Common Travel Area the shorter this period is likely to be.

You may be accepted as habitually resident from your first day if you are returning to the country and you were previously habitually resident.

British citizens who have lived abroad and are returning to the Common Travel Area will still have to show that they are 'habitually resident in fact'.

More information

You can use our Find an Adviser tool to find a local adviser to help you further.

Anything wrong with this page?

Tell us the problem

Please enter your name
Please enter a valid email address
Please enter what you were doing
Please enter what you'd like to report
Please enter the security code shown

Thank you

If you would like to tell us more please visit our contact page

European Union (EU) Settled Status Form

European Union (EU) Settled Status

Waiting to hear? Missed the deadline? Read our guide to find out what you need to do next.

Find out about European Union (EU) Settled Status

Check benefit entitlement

Find out what means-tested benefits you might be entitled to, including tax credits.

Use the Benefits Calculator

Grants Search

Search our database of grant-giving organisations

Search for grants

Find a Local Adviser

Search for your nearest sources of information and advice

Find an Local Adviser