What is the Habitual Residence Test?
Please note: This is a very complex area of the law so it is important that you seek specialist advice. You can use our Find an Adviser tool to find a local adviser to help you further.
To claim most benefits if you are a migrant to the UK, you have to satisfy the Habitual Residence Test (HRT) which includes having a right to reside in the UK. To pass the HRT, you must show a 'settled intention' to stay here.
In most cases, you also need to be actually resident for a period of time. You may be accepted as habitually resident from your first day if you are returning to the country and you were previously habitually resident or you or a member of your family is a national of or worked in another European Economic Area (EEA) country.
The habitual residence test (HRT) is carried out on most EEA nationals who apply for benefits. The habitual residence part of the test is also carried out on some UK nationals who have been living or working abroad.