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Right to Reside - 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.

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.

EEA national

If you are an EEA national, 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. 

EEA national family member

If you are related to an EEA national who has the correct right to reside, 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
  • 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 registration certificate. 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 Advice Finder to find an immigration adviser near you.

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