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Proof that you have the right to reside in the UK can depend on your identity, immigration status, and personal situation, among other things. If you are not a UK or EU citizen, you may need to show more proof of your right to reside in UK, based on your situation.
Read this guide to find out more about possible restrictions or to have any concerns or queries answered by a professional immigration solicitor.
We have compiled this guide to help you. After reading this guide you will be able to understand
- What is right to reside in the UK?
- How to prove the right to reside in the UK?
- When you don’t have the right to reside?
Let’s get started!
What does the Right to Reside Mean?
A “right to reside” means having the legal right to live in the UK, either for a set amount of time or forever. You can live in the UK if any of these options are true:
- If you are a British citizen, you have a “right of abode” in the UK.
- You are an Irish native.
- As long as you want, you can enter or stay in the UK (ILE or ILR).
- You have been pre-settled or settled under the EU Settlement Scheme.
- Immigration control doesn’t apply to you.
How to prove the Right to Reside?
If you claim EEA benefits and are from Europe, Europe’s economy, or the EU, you may be able to get help.
You have the right to live in different places. In general, some types of housing give you more rights. For example, if you work in the field, you have more rights to work or look for work.
Providing proof of your Right to Reside
If there is no claim, you have to show that you have the right to live in the area. Because you have worked or have an important family link, you have the right to stay somewhere else.
You will only have to show that you have the right to live there. During the application process, you have to show that you are allowed to live there.
This proof can be found in your application and could be used in interviews. How can I best show that I legally live here?
Test of Habitual Residence
To get benefits, you may need to show that you plan to live in the UK even if you can show that you have the right to live there. To do this, you must pass the usual residence test.
You don’t have to pass the regular residence test if you have the right to live there because:
- Do you work for someone else or for yourself?
- Are you related to someone who works or is self-employed?
- Have kept your position as a worker or self-employed
- You have the right to live there permanently in less than 5 years, like when you retire or because you got sick and can’t work anymore.
You’ll need to pass the habitual residence test even if you have another type of right to reside to:
- Credit for Everyone
- Help with Income
- The Jobseeker’s Allowance Based on Income
- Employment Support Allowance based on income
- Help with Housing
- The Pension Credit
- Independence for each person’s Payments
- Disability Living Allowance
- Showing up Amount Given
- Help for Carers
Providing Family members Job Proof
If a family member gave you the right to live there, you’ll need proof that they had the right to live there. A family friend is someone like your
- As a husband, wife, or formal partner
- Parents
- Grandchildren or children
In your application, you can add proof of your relationship. Moreover, document scans or pictures can be used as proof.
If the Home Office has a good reason to question the authenticity of the copy you are using, it can ask you to show the original.
People from EEA
You will need to show proof if you are from the EEA and need to show you have the right to live because you or a family member has been working.
Under EU free movement rules, all EEA people can now establish residency rights in the UK after 2020.
Since they didn’t need a visa or other paperwork to live there, they were able to stay at home.
They ended up staying in the British Isles permanently for a normal five years, and they didn’t need any paperwork to prove it.
People could get services and benefits in England under the EU’s free movement rules.
What happens after you become settled?
If you settle your claim for permanent residence, you will automatically be given re-entry status.
You may be able to get extra perks if you already have a place to live. As soon as you become settled, you will have the same rights as a British person. Some of these perks are, but are not limited to:
- With a UK passport, you can go anywhere.
- Getting into UK schools
- Access to UK healthcare
- The right to cast a vote in the UK election.
- Moreover, the freedom to live and work in the UK without having to go through immigration checks.
- The chance to run for office.
When you don’t have the Right to Reside?
You do not have the right to reside in UK if you don’t have any of
these:
- Indefinite Leave to Remain (ILR)
- A legal visa that lets you live there
- You have a criminal record in the past and are afraid of being deported.
While you don’t have the right to reside in the UK, you can stay if you have one of the following:
- A visa
- The family permit
How Can UK Immigration Solicitors Help?
It is a good idea to keep your residency status up to date. This is very important when you want to apply for both an extension on your visa and permission to stay in the country permanently.
If you need help with asking for ILR, staying in the UK while on a visa, or anything else you need help with in relation to UK visas and immigration, UK Immigration Solicitors is here to help.
We are skilled and experienced immigration lawyers who are dedicated to giving our customers the best immigration advice and help with personal or financial information.
We can also tell you about ways to settle down, like asking for British citizenship, and how to get there, like through naturalisation or residency.
Talk to us today at 02033844389 or email us to find out more about the services we provide and what we can do for you.
