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Habitual Residence Test

The Habitual Residence Test is a test for all individuals (except those from certain exempt categories), including returning British nationals, who have recently arrived in the country and who make a claim for certain income-related social security benefits or seek housing assistance from a local authority. The individual must satisfy the decision-making authorities that, firstly, they have a right to reside and, secondly, that they are habitually resident in the Common Travel Area and can be treated as such. Habitual residence is not defined in law. The exempt categories include: worker for the purposes of EC law; those granted refugee status, humanitarian protection, or discretionary leave to remain; those granted exceptional leave to remain or indefinite leave to remain granted exceptionally outside the immigration rules. Those individuals in the exempt categories are required to provide evidence of a right to reside but will satisfy the habitual residence condition.

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Habitual Residence Test

The Habitual Residence Test is a test for all individuals (except those from certain exempt categories), including returning British nationals, who have recently arrived in the country and who make a claim for certain income-related social security benefits or seek housing assistance from a local authority. The individual must satisfy the decision-making authorities that, firstly, they have a right to reside and, secondly, that they are habitually resident in the Common Travel Area and can be treated as such. Habitual residence is not defined in law. The exempt categories include: worker for the purposes of EC law; those granted refugee status, humanitarian protection, or discretionary leave to remain; those granted exceptional leave to remain or indefinite leave to remain granted exceptionally outside the immigration rules. Those individuals in the exempt categories are required to provide evidence of a right to reside but will satisfy the habitual residence condition.