Any individual who wishes to settle in the UK and claim benefits must by law undertake a “habitual residence test”, (HRT). Clearly the test is applicable if the destination is West Yorkshire. If you are planning to claim benefits the test seeks to ascertain your legal right to be live in the UK. It is also designed to demonstrate your intent to settle here for the immediate future. The test is applicable to returning UK citizens and migrants from other countries.
A person’s right to claim benefits is determined by the circumstances of their immigration, receipt of benefits is not guaranteed under UK law. Therefore if you wish to live in Immigration Law in West Yorkshire and you try to claim benefits without entitlement, you may jeopardise, your long term chances of being able to settle in the UK. It is therefore, essential that you seek legal advice on what rights you have, especially if you are intending to settle in the UK.
The onus is on the individual to prove that they have a legal right to be in the UK and their intent to settle here. It is important to reiterate that if you are subject to any kind of immigration control, you cannot by law claim any benefits. It is advised that you seek legal advice as to what these controls mean as applied to your personal circumstances.
Most people in the UK have the status of “lawful presence”. To even apply for state support in the UK you must by law have a “right to reside” or “legal residence”. There are very strict rules that apply to an individual who is trying for this status. To even be considered your immigration status could be such that:
- You are an EU or EEA national you could sign on and claim income based JSA or JSA.
- You are a member of a family who already has the right to reside.
- You have children or other dependents who have British citizenship
- You have a UK born parent, in which case you have the right to claim British citizenship
This is by no means an exhaustive list; your own personal circumstances play a crucial role in whether or not you will be granted the right to reside.
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