Right to Reside
If you’re not from the UK or the EU, you may be required to provide additional evidence of your right to live in the UK, depending on your specific circumstances.
For fast and personalised assistance with the right to reside UK application, call our team of expert immigration lawyers at 02033939272.
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Our experienced Right to Reside UK Solicitors can help you with your immigration process.
What Does Right to Reside Mean?
You have a right to live in the UK, if any one of the following meets:
- If you are a British or Irish citizen.
- You are in a settled or pre-settled status according to the EU Settlement Scheme.
- The UK has granted you indefinite leave to enter (ILE) or remain (ILR).
- You are exempt from immigration control.
If your visa is about to expire, you should give yourself plenty of time to prove your right to remain in the UK because the procedure might be lengthy.
Depending on your situation, you can be asked to present extra documentation proving your right to live in the UK if you are not a citizen of the UK or European Union.
How to Confirm Your Eligibility for Right of Residence UK?
As a resident of Europe or a member of the European Union, you may be eligible for benefits under the European Economic Area (EEA).
There are various pathways that grant you the right to reside in the UK. Some residency options offer more rights, such as the ability to work or seek job opportunities within the country, particularly if you are employed in a specific field.
Our experienced Right to Reside UK Solicitors can help you with your immigration process.
Verifying Your Right to Live and Stay in the UK
If no claim exists, you must demonstrate that you are authorised to live in the area. This includes showing that you are permitted to reside elsewhere due to your employment and strong family ties.
The key requirement is to provide evidence that you are allowed to remain in the UK during the application process. This proof can be included in your application and may also be assessed during interviews
Our experienced Right to Reside UK Solicitors can help you with your immigration process.
Habitual Residence Test in the UK
In the UK, the Habitual Residence Test (HRT) is used to identify people who are eligible for certain welfare payments, like Housing Benefit or Universal Credit. The purpose of the test is to determine if a person has made the UK their permanent and lawful home.
You may be required to provide evidence of your intention to permanently live in the UK in order to claim benefits, even if you can provide evidence of your right to reside. The habitual residence test is a prerequisite for this.
If you possess a right to reside, you are exempt from passing the habitual residence test as long as you:
- are an employee or self-employed individual
- Belong to the same family as an employee or self-employed individual
- Have kept your job or self-employment
- Have a valid reason to stay for a period shorter than five years (e.g., retirement, inability to work due to illness or accident)
You must pass the habitual residence test in order to claim the following different types of residence rights:
- Universal Credit
- Income-based Jobseeker’s Allowance
- Income Support
- Income-related Employment Support Allowance
- Personal Independence Payments
- Attendance Allowance
- Housing Benefit
- Pension Credit
- Disability Living Allowance
- Carer’s Allowance
Our experienced Right to Reside UK Solicitors can help you with your immigration process.
How to Prove Your Family Member’s Employment Status?
You must provide proof of your relative’s right to reside in order to establish your own right to reside. Having a relative means having someone similar to your:
- Wife, spouse, or civil union
- Parents
- Grandchildren or children
Be sure to include any evidence that verifies your relationship in your application. This proof can be pictures or copies of documents.
If the Home Office has any reason to doubt the legitimacy of the copy it relies on, it might request that you submit the original document.
Our experienced Right to Reside UK Solicitors can help you with your immigration process.
EEA Nationals
If you are from the EEA and must demonstrate that you have the right to live there because you or a family member has been employed, you will have to present the necessary proof.
After 2020, all citizens of the European Economic Area will be able to apply for residency rights in the UK through the EU free movement regulations. There is no requirement for a residence document, such as a visa, which is why they were permitted to reside at home.
At the end of the initial five-year period, their stay became permanent in the British Isles, and they were no longer required to provide any documentation to prove their residency.
Individuals had the right to access services and benefits in England under EU free movement regulations.
Our experienced Right to Reside UK Solicitors can help you with your immigration process.
What Happens After You Gain Settled Status?
Re-entry status will be given to you immediately if you settle your claim for permanent residence.
You can ask for more benefits if you already have a place to live.
You will have the same rights as a British citizen once you reach settled status.
A few examples of these advantages are:
- Freedom to travel with a UK passport
- The right to run for elections
- Access to UK healthcare
- The right to vote in a UK election
- Access to UK education
- The right to live and work in the UK free of immigration controls
Our experienced Right to Reside UK Solicitors can help you with your immigration process.
What Happens If You Don’t Have the Right to Reside in the UK?
In order to legally live in the UK, you must possess one of the following documents:
- Indefinite leave to remain.
- A valid visa that lets you live there
- You have a criminal past and are afraid of being deported.
You can remain in the UK without a permanent resident visa, however, you can do so if you meet one of these conditions:
- A visa
- A family visa
A “right to reside” is the legal ability to stay in the UK or Ireland for a set amount of time or indefinitely.
Our experienced Right to Reside UK Solicitors can help you with your immigration process.
How Rees Clayton Immigration Solicitors can Help?
Staying informed about your residency status is crucial, especially when it comes time to apply for an Indefinite Leave to Remain (ILR) or extend your visa.
At Rees Clayton Immigration, we’re here to guide you through any concerns or questions you may have regarding your visa, absences from the UK, ILR applications, or any other immigration-related matter.
Our team of expert immigration lawyers is dedicated to providing tailored, high-quality advice and support, whether you’re seeking assistance with legal matters or personal financial guidance.
We can also help you understand how to become eligible for ILR, naturalisation, or British citizenship, and how to settle in the UK for the long term.
For more information on how we can assist you, don’t hesitate to reach out today at 02033939272 or contact us online. We’re here to help you navigate the immigration process with ease.
Table Of Contents
- What Does Right to Reside Mean?
- How to Confirm Your Eligibility for Right of Residence UK?
- Verifying Your Right to Live and Stay in the UK
- Habitual Residence Test in the UK
- How to Prove Your Family Member’s Employment Status?
- EEA Nationals
- What Happens After You Gain Settled Status?
- What Happens If You Don’t Have the Right to Reside in the UK?
- How Rees Clayton Immigration Solicitors can Help?
