Habitual Residence Test – settling in the UK

The habitual residence test for claiming benefits

There are different parts to the habitual residence test for benefits. In this part you are asked if you can show:

  • you already have a settled life here in the UK or
  • you mean to settle down for the time being here in the UK.

If most of your ties are to a life in another country, you might not pass the test.

This is a complex part of the law. The benefit office will look at different things to work out if you pass the test or not. Some of the things they will look at are:

  1. How long you have been in the UK
  2. Why you came to the UK
  3. How long you intend to stay
  4. If you’re likely to find work here
  5. How much your life is based here in the UK and how much is based in another country, for example;
  • if you own a home or a business in the UK or in another country
  • if a lot or most of your personal things are in the UK or in another country
  • if you have a bank account here or in another country
  • if you have family in the UK or in another country
  • if you’ve joined any clubs or groups in the UK
  • if you’ve enrolled your children at a school here in the UK

Turn2Us – what is the habitual residence test?

Citizens Advice Bureau -Check if you can pass the Habitual Residence Test

Now choose one of the three answers below to move on. If you are not sure about your answer choose ‘I am not sure’

Option 1 Yes I can show I am settled or mean to settle in the UK

Option 2 No I cannot show I am settled or mean to settle in the UK

Option 3 I am not sure

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