If you've come from another country to live in the UK you may be able to get tax credits. But to qualify for them you'll have to satisfy some complicated rules.
Who can get tax credits?
On top of the usual qualifying rules around working a certain number of hours or being responsible for a child, to get tax credits you'll normally need to:
- have a 'right to reside' in the UK
- be physically present in the UK
- be 'ordinarily resident' in the UK - so your main home is here
The 'right to reside' in the UK You've got a right to reside in the UK if you're:
- a UK national - or from the Channel Islands, the Isle of Man or the Republic of Ireland
- someone from the European Economic Area (EEA) and you've got a job or are self-employed in the UK
- someone from the EEA and you're actively looking for work and registered with Jobcentre
- Plus from outside the EEA but you've got permission to remain in the UK
If you're from the EEA and you're not working or actively looking for work you may not have a right to reside in the UK - unless you can support yourself.
Countries in the European Economic Area (EEA) EEA countries are Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom (UK).
Countries that have recently joined the European Union There are also some special rules about your 'right to reside' if you come from a country that has recently joined the European Union.
- For example, to have a right to reside as a worker: if you're from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia you will generally need to register your employment with the Home Office Worker Registration Scheme
- if you're from Bulgaria or Romania you will need to get a Worker Authorisation document before you start work
If you are from any of the countries listed in the points above and you are looking for work, unless you were in registered employment for at least twelve months before becoming unemployed, you will only have a right to reside if you have enough money to keep yourself above the level of Income Support or Income-based Jobseekers Allowance.
Being present in the UK
To get tax credits you must be present in the UK. But you'll still be able to get it if you're out of the country for short, temporary stays - like on holiday.
Being 'ordinarily resident' To get tax credits you have to be ordinarily resident. You'll usually be ordinarily resident if: · your main home is in the UK · you've chosen to live and settle here · you only go abroad for short periods - like on holiday
Deciding whether or not you're ordinarily resident can be complicated - the following examples may help to show whether you are or not.
Example one
Anisha and her children are from India and are staying with her sister's family near London. They are here on a two-month family holiday. They are not classed as ordinarily resident in the UK and so can't claim tax credits.
Example two
Aleksy and his wife and son have moved permanently to the UK from Poland. Aleksy works as a property developer and his son is registered at the local school. They are classed as being ordinarily resident and can make a claim for tax credits.
If you're subject to 'immigration control'
You may not be able to get tax credits if you're subject to 'immigration control'.
Immigration control means either:
- you need to have permission from the Home Office to enter or stay in the UK,
- but you don't have that permission the Home Office says you can stay but you can't claim any benefits
Sometimes if you're subject to immigration control you might still able to claim tax credits, for example if you're from a country that the European Union has a special agreement with.
What if only one person in a couple is subject to immigration control?
If you're a couple and one of you is subject to immigration control, you're both treated as not subject to immigration control for tax credits.
However, if your partner lives outside the EEA then you will have to claim tax credits as an individual, not as part of a couple. If your partner lives in another EEA country with your children you will sometimes have to make a joint claim. If you've come to the UK but your child has stayed behind
If you have come to the UK from a country that is outside the EEA or Switzerland you can only claim tax credits for your child when they actually arrive in the UK.
If your child lives in another EEA country you will sometimes be able to claim tax credits for them.
