Who is exempt from the Habitual Residence Test?
The following European Economic Area (EEA) nationals are exempt from the Habitual Residence test:
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EEA nationals who have ‘worker’ or ‘self employed’ status – and their family members
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EEA nationals who have permanent right to reside as a worker or self employed person who have retired or become permanently incapable of work – and their family members
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A2 nationals (Bulgarian and Romanian) and Croatian nationals working in accordance with their accession worker authorisation document
Others who are exempt from the Habitual Residence test include:
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Refugees
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People granted leave under a domestic violence concession
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People with exceptional leave to enter or remain in UK under humanitarian protection
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People not subject to immigration control and have been deported, expelled or removed from another country to the UK