I think there’s a misconception that migrants can arrive here and receive the full array of benefits which certainly isn’t the case. If you are in registered work you are able to apply for things like Child Tax Credits, Child Benefit and Working Tax Credits, but you’d only be able to satisfy the tests that the HMRC (Her Majesty’s Revenue and Customs) put down for these benefits if you’re employer gave you pay slips, if your employer gave you a P60, if you did have a bank account, so those are hurdles. Habitual residency is about you physically being in Great Britain. The ‘right to reside’ test for A8 workers is all about being in registered work so if you are working for a reputable employer, you have your registration certificate and you have your wage slips, then you’re going to be able to demonstrate in most cases that you do have a right to reside. But if you don’t work for a reputable employer you’re going to have real difficulty showing that you satisfy the right to reside test.

  • Lorraine Barrie
Location:
Glasgow
Date:
Friday 11th June 2010
Reference:
SWI2010/017