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Habitual Residence Test - Who is exempt from the Habitual Residence Test?

Find out more about the Habitual Residence Test.

Who is exempt from the Habitual Residence Test?

The following European Economic Area (EEA) nationals are exempt from the Habitual Residence test:

  • EEA nationals who have ‘worker’ or ‘self employed’ status – and their family members

  • 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

  • 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:

  • Refugees

  • People granted leave under a domestic violence concession

  • People with exceptional leave to enter or remain in UK under humanitarian protection

  • People not subject to immigration control and have been deported, expelled or removed from another country to the UK

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