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EEA Nationals and People from Abroad
  
The rules on eligibility for Universal Credit for people coming to the UK from abroad are one of the most complex areas of welfare rights law.

Whether or not a person can claim Universal Credit may depend on a number of factors. These include nationality, immigration status (and any conditions attached to it), the circumstances under which the person arrived in the UK, whether they are deemed 'habitually resident', whether they are in work or looking for work, and whether they arrived alone or with other family members. Many other factors may be relevant too. 

The information on these pages give a broad overview of the rules on access to Universal Credit for people coming to the UK from abroad. They are not intended to be a definitive statement on who can claim, but rather to indicate who may be able to claim, and when it is worth challenging a decision refusing UC.

Some of the links will take you to our Common Rules section - where there is more detailed information on this topic.

KEY FACTS
  • This is a very complicated area and subject to change - expert advice should be sought when advising people who are not British citizens (and some returning British citizens) about benefits.

  • To be entitled to Universal Credit the claimant must 'pass' the immigration and residence tests.

  • Follow these steps to get a feel for whether someone could be entitled to UC or not.

  • If they can claim UC, then their claiming journey may include extra steps / evidence requirements.

  • Where one of a couple can claim UC but the other cannot, then special rules apply.

  • If someone is refused UC due to their immigration and/or residence status, there are several things to consider. Due to the complex rules people from abroad can often be refused UC when they are in fact entitled so they should always seek expert advice.

  • Some claimants will be refused UC correctly - we have a list of those not able to claim UC.

* Or under the UC (Northern Ireland) Regs 2016 - 'in Northern Ireland.'
 
For more detailed information see Chapter C1 of the DWP's Advice for Decision Making Guide on Universal Credit for people from abroad.