What is the right to reside?
Your right to reside is your legal right to live in the UK. There are lots of different rights to reside and you may have more than one.
You need to have the correct right to reside to claim these benefits:
British citizens
If you are a British citizen, you automatically have the correct right to reside for these benefits. However, if you are returning to live in the UK after time abroad, you may not be able to claim some benefits straight away.
European Economic Area (EEA) national
If you are an EEA national who has been living in the UK since before 31 December 2020, you need to show you have the correct right to reside to claim these benefits. Read this guide to check which right to reside you have and which benefits you can claim.
Because the UK is leaving the European Union, there is a new scheme to protect the rights of EEA nationals who live in the UK. This is called the Settled Status scheme. You need to apply to the Settled Status scheme before 30 June 2021.
EEA national family member
If you are related to an EEA national who has the correct right to reside and who has been living in the UK since before 31 December 2020, you can be treated as having the same right to reside. You can be treated as having the same right to reside as your:
- Spouse or civil partner, as long as you were already together 31 December 2020
- Child, grandchild or great grandchild if you are financially dependent on them
- Parent, grandparent or great grandparent if you are financially dependent on them
- Parent, grandparent or great grandparent if you are aged under 21.
If you are the unmarried partner of an EEA national, you may be able to have the same right to reside they have, but you will need to apply for a family permit. There is a fee to pay for this certificate, so you might be better off establishing your own right to reside or applying to the settled status scheme.
Other
If you are not an EEA national or a British citizen, you usually have the right to reside as long as you are not subject to immigration control. If you are not sure whether you are subject to immigration control, you can use our Find an Adviser to find an immigration adviser near you.