Benefits for people moving to England

Daniel86

Hi, I would like to know if people who are moving to England are eligible for english benefits.

Basically my girlfriend is a German living in Germany, currently recieving the German equivilant of child support.

We would like to live together in England and I'm wondering if she would be eligible for benefits in this country?

Dan

kelloggs36

Would she be moving in with you? Do you work?

DX2

Coming from abroad

It is vital to know a person's immigration status because this determines what - if any - benefits a person may be entitled to. Sometimes claiming benefits can jeopardize a person's stay in the country because the stay is dependent on not claiming benefits.
Most people entering the country, apart from British citizens, are subject to immigration control. This control can vary and can be quite limited with restrictions on how long a person can stay and whether they can work or get 'public funds.' Public funds include most benefits and if a person claims a benefit when their immigration status has a public funds restriction then they may get thrown out of the country.
Certain people, such as 'workers' from the European Economic Area (EEA) can get more benefits. However there are special rules for those from the A8, for example Poland, or the A2 countries, for example Romania. For these workers access to benefits is more restricted.


Habitual residence & the right to reside tests

Even if a person's immigration status allows them to claim benefits, some of them (like Income Support) may be subject to these tests. Very simply, they have to show that they:

• have a 'right of residence' which is complicated and depends on a person's immigration status and what country they come from, and
• are habitually resident in the country. For example, they have 'settled intention' to reside. All of this is very complicated and can depend on whether it is the first time a person has arrived, or are returning, or where they have come from. For example, if they are classed as a 'worker' from the EEA, then they automatically satisfy the habitual residence test.

Residence conditions

Many benefits also have this test, where a person has to show they are 'present, resident and ordinarily resident' in this country. Again, this can depend on where they are coming from and what benefit they are claiming

Daniel86 wrote: »

Hi, I would like to know if people who are moving to England are eligible for english benefits.

Basically my girlfriend is a German living in Germany, currently recieving the German equivilant of child support.

We would like to live together in England and I'm wondering if she would be eligible for benefits in this country?

Dan

Daniel86

I'm working full time, we would have to find a place together, most likely a council flat.

DX2

Daniel86 wrote: »

I'm working full time, we would have to find a place together, most likely a council flat.

You do realise council flats/houses are like gold dust. Some LA have very long waiting lists.

Daniel86

I do realise that yeah, we will have somewhere to stay whilst waiting, just couldn't stay there forever.

Daniel86

How would we find out her immigration status?

DX2

Daniel86 wrote: »

How would we find out her immigration status?

http://www.ukba.homeoffice.gov.uk/

Mr_Falling_Star

Trolls gonna troll

Oldernotwiser

Daniel86 wrote: »

I do realise that yeah, we will have somewhere to stay whilst waiting, just couldn't stay there forever.

.Waiting is likely to be years rather than weeks!

People coming from other EU countries are not subject to immigration control

Daniel86

So she could come into the UK without getting any permission and claim for benefits as an English person would?

This is all theoretical by the way, we're trying to work out our options and most likely we will wait a year or so before moving together when our baby is older and she can go back to work aswell.

Edit: Again yes, I do realise how long the council house waiting times are.