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HMRC internal manual

Claimant Compliance Manual

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HM Revenue & Customs
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Migrant Workers: What is a Qualified Person?

Following their initial 3 months in the UK an EEA national will have to show they have a right to reside in order to be eligible to CTC.

An EEA national who is classed as a ‘qualified person’ will have a right to reside in the UK. A qualified person is someone who is a -

  • Worker (an employed person)
  • Self employed person
  • Self employed person who has ceased activity
  • Retired person
  • Self sufficient person
  • Student

For further information follow the guidance in TCTM02072 

For more information on genuine and effective employment and self employment refer to the relevant guidance. An EEA national can also have a right to reside in other different ways. For further information refer to the SEES decision tree guidance ‘B&C A test for right to reside’. To view the decision tree

  • Open ‘Microsoft Excel’
  • Select ‘Sees’
  • Select ‘Information’
  • Select ‘Decision Trees’
  • Select the ‘National’ tab
  • Select ‘B&C A test for right to reside’.

For additional further information follow the guidance in TCM0287240 and TCTM02070 

A family member in the case of a student means a spouse or civil partner and dependent children. In all other cases it means

  • Spouse/partner
  • Children
  • Parents who are dependent on the Migrant Worker

For further information follow the guidance in TCTM02078 

A8 Nationals have the same right to enter and reside in the UK as other EEA Nationals. The UK allows A8 nationals to undertake paid employment. However, any such employment undertaken between 01 May 2004 and 30 April 2011, unless otherwise exempt, must be registered under the Workers Registration Scheme (WRS) - CCM20110 

A2 Nationals have the same right to enter and reside in the UK as other EEA nationals. However, they will generally need to obtain permission with the Home Office before starting work - CCM20140