A person applying for a benefit will usually need to meet a residence or presence requirement, so their immigration status will be taken into account when assessing eligibility. Each benefit has its own regulations, which may include different immigration related requirements.
A person who is ‘subject to immigration control’ cannot claim benefits that are classed as public funds, unless an exception applies. There are also several work related benefits that are not classed as public funds, so a person with no recourse public funds (NRPF) may be able to claim these if they meet the rules.
Benefit rules can be complex when an applicant lives in a mixed household, where family members have different nationalities or immigration statuses. Mixed households may need specialist advice.
People with pre settled status or a pending EU Settlement Scheme (EUSS) application are not restricted from accessing public funds. However, they may need to meet a right to reside test to qualify for some means tested benefits, such as Universal Credit.
British citizens returning to the UK after living abroad may not qualify for benefits immediately. Any restriction should usually be temporary, until they meet the relevant residence conditions.
If a person is refused benefits or has complex circumstances, such as being part of a mixed household, they may need to speak to a benefits adviser.
More information about benefit eligibility is available on GOV.UK.
Citizens Advice, Turn2Us, and MoneyHelper also provide guidance on applying for benefits.
