If you are an EEA national who has come to the UK and you want to claim certain benefits, you must satisfy the conditions of a test, known as the habitual residence test(HRT). To satisfy these conditions, you must show:
If you've been living in the UK for at least five years, you may already have a permanent right to reside and will not have to satisfy the remainder of the HRT.
If you've been legally resident in the Common Travel Area for a continuous period of at least five years you may have a permanent right to reside. If you have a permanent right to reside you don't need to show that you have a right to reside for any other reason - for example, you don't have to show that you're a worker. Throughout the five years you must have been one of the following:
Periods of jobseeking mixed with periods when you were working should count towards giving you a permanent right to reside.
Some temporary absences will not break your continuity of residence. These include absences of:
Once you've acquired a permanent right to reside, you’re unlikely to lose it unless you stay out of the UK for two years or more in a row. However, you could lose your right to reside if you do something that is not seen as being for the common good. For example, you’ve committed a serious crime or put national security at risk.
Do not risk the disappointment and stress of refusal, when this can be avoided by a simple, no-obligation phone call: +44 (0) 207 866 8170