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Tuesday, 9 February 2010

Money, tax and benefits

New arrivals to the UK - do you qualify for tax credits?

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 'residency' rules.

Who can get tax credits?

On top of the usual qualifying rules around being 16 or over, working a certain number of hours or being responsible for a child, to get tax credits you'll normally need to:

be physically present in the UK
be 'ordinarily resident' in the UK - so your main home is here

To get Child Tax Credit you must also have a 'right to reside' in the UK.

Being present in the UK

To get tax credits you must be physically present in the UK. You'll still be able to qualify if you're out of the country for short, temporary stays such as a 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

The Tax Credit Office will decide whether or not you're ordinarily resident by looking at all your circumstances - 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. Anisha is not 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 self-employed property developer and his son is registered at the local school. As Aleksy's main home is in the UK and the family has chosen to live and settle here, they are classed as being ordinarily resident and can make a claim for tax credits.

Having a 'right to reside' in the UK

You have a right to reside in the UK if you're:

a UK national
from the Channel Islands
from the Isle of Man
from the Republic of Ireland

If you’re from another country, check if you have the right to reside by using the table below.

Where you’re from	When you have a right to reside in the UK
Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland	If one of the following applies: you are working for an employer or are self-employed in the UK you are actively looking for work and are registered with Jobcentre Plus you can support yourself
Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia	If one of the following applies: you are working and your employment is registered with the Home Office Worker Registration Scheme you are looking for work and have enough money to keep yourself above the level of Income Support, income-related Employment and Support Allowance or income-based Jobseeker’s Allowance you are registered with Jobcentre Plus and, for at least 12 months before becoming unemployed, you were in a job that was registered with the Home Office Worker Registration Scheme
Bulgaria, Romania	If one of the following applies: you get a worker authorisation document before you start work you have come to the UK under the Highly Skilled Migrants Programme and hold a registration certificate you are looking for work and have enough money to keep yourself above the level of Income Support, income-related Employment and Support Allowance or Income-based Jobseeker’s Allowance you are registered with Jobcentre Plus and, for at least 12 months becoming unemployed, you were in a job authorised by the Home Office
None of the above countries	If you have permission to remain in the UK

Immigration and tax credits

You may not be able to get tax credits if you're subject to 'immigration control'. This generally means you have permission to stay in the UK as long as you don’t claim benefits, or you need permission to stay but don’t have it.

Sometimes if you're subject to immigration control you might still be able to claim tax credits - for example if you're from a country with which the UK has a social security agreement that covers tax credits, like Turkey.

Find out more about immigration control and tax credits

If you've come to the UK but your family has stayed behind

If your family lives in another European Economic Area (EEA) country you may be able to claim tax credits for them.

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 family when they actually arrive in the UK.