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HMRC internal manual

Tax Credits Manual

From
HM Revenue & Customs
Updated
, see all updates

Specialist areas: international: right to reside: right to reside - establish if there is enough information

Guidance

Note: When sending customer, staff or process data to another individual or team, make sure you follow the latest data security guidelines or contact the Data Guardian or Data Security Team for advice.

Step 1

Note: When considering the Right to Reside test in a joint claim, you should take the circumstances of both people into account. For example, if a customer is subject to the Right to Reside test but does not pass, but has a partner who has the right to reside, they could pass the Right to Reside test on this basis.

Check the case papers to determine whether the customer is an A2, Croatian or any other EEA national who is normally resident in the UK.

Note: Where the customer is a national from the Common Travel Area, they will have the right to reside. You do not need to conduct the Right to Reside test for these customers. The Common Travel Area covers the UK, the Republic of Ireland, the Channel Islands and the Isle of Man.

Note: Bulgaria and Romania are commonly referred to as the A2 member states. Until 31 December 2013, unless exempt from registration, nationals from these member states are required to register their employment in the UK with the Home Office Worker Authorisation Scheme (WAS). This scheme comes to an end on 31 December 2013. From 1 January 2014 nationals from A2 member states working in the UK are no longer required to register their employment with the Home Office. From 1 January 2014 customers arriving from these member states are treated in the same way as nationals from any other EEA member state.

If the customer is an A2 or a Croatian national and lives in the UK, go to .

If the customer is any other EEA national and lives in the UK, go to .

Step 2

Using the information provided by the customer or held on the tax credits computer, check if the customer has indicated they are or were

  • employed
  • self-employed
  • neither employed nor self-employed.

Note: Where you are dealing with more than one period of employment, you must confirm this information for each separate period - for example, if the customer has worked for two employers in this period, you must consider these separately.

Note: You must consider all possible reasons for the Right to Reside for all periods of the claim you are examining.

For how to do this, use TCM1000188.

If the customer has indicated they are or were employed during the period of the Right to Reside, check if, from the information you hold, you can confirm

  • the customer’s name
  • the customer’s date of birth
  • for an A2 national the customer’s Workers Authorisation Scheme (WAS) registration number (where the customer does not have a WAS registration number, then the customer may be exempt from registration. If this is the case, we will need to know the reasons for exemption and whether the claimant satisfies any of the exemptions)

Note: If the period of Right to Reside you are considering is after 1 January 2014, A2 nationals are treated in the same way as nationals from any other EEA country.

Note: If the period of Right to Reside you are considering spans 1 January 2014 and the customer is employed in the UK then, unless exempt from employment authorisation, treat as A2 national (check WAS for employment registration) up to and including 31 December 2013.

  • for a Croatian national the customer’s Workers Authorisation Requirement (WAR) registration number (where the customer does not have a WAR registration number, then the customer may be exempt from registration. If this is the case, we will need to know the reasons for exemption and whether the claimant satisfies any of the exemptions

Note: Keep in view that it is possible to have a right to reside for more than one reason. An A2 or Croatian national worker who is working and subject to worker authorisation but has not obtained authorisation and is not exempt from the WAS or the Workers Authorise Requirement (WAR) may have a right to reside for another reason.

then, when you have all the information

  • you have enough information to conduct the Right to Reside test, return to the guidance you were previously following.

If the customer has indicated they are or were self-employed during the period of the Right to Reside, you have enough information to conduct the Right to Reside test, return to the guidance you were previously following.

If the customer has not indicated they are or were employed or self-employed during the period of the Right to Reside

  • make a note that you do not have enough information to conduct the Right to Reside test and need to know for each period you are considering whether

Note: You may be able to obtain some of the information from the tax credits computer - for example, if there is any income in the ‘Other Income’ or ‘Other Household Income’ fields.

* the customer is or was a self-employed person who has ceased activity 
* the customer or their partner are the main carer of a child with an EEA national parent in formal education in the UK. For more information, use [TCM0320340](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320340) 
* the customer is or was a self-sufficient person and has or had Comprehensive Sickness Insurance (CSI) in the UK for themselves and their family members

Note: To determine what documents are acceptable as evidence of CSI use the Comprehensive Sickness Insurance (CSI) glossary entry on [TCM0320080](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320080).  


* the customer is or was a retired person 
* the customer is or was a student and has or had Comprehensive Sickness Insurance (CSI) in the UK for themselves

Note: To determine what documents are acceptable as evidence of CSI use the Comprehensive Sickness Insurance (CSI) glossary entry on [TCM0320080](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320080).  


* the customer is or was a family member of any of the above. For more information, use [TCM0320360](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320360) 
* the customer is or was a person who has acquired full free movement rights. For more information, use [TCM0320140](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320140) 
* the customer is or was a person who has a permanent right of residence. For more information, use [TCM0320340](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320340) 
  • return to the guidance you were previously following.

Step 3

Using the information provided by the customer or held on the tax credits computer, check if the customer, during the period of the Right to Reside, has indicated they are

  • employed
  • self-employed
  • neither employed nor self-employed.

Note: You must consider all possible reasons for the Right to Reside for all periods of the claim you are examining.

For how to do this, use TCM1000188.

If the customer has indicated they are or were employed or self-employed during the period of the Right to Reside 

  • you have enough information to conduct the Right to Reside test
  • return to the guidance you were previously following.

If the customer has not indicated they are or were employed or self-employed during the period of the Right to Reside

  • make a note that you do not have enough information to conduct the Right to Reside test and need to know for each period you are considering whether

Note: You may be able to obtain some of the information from the tax credits computer - for example, if there is any income in the ‘Other Income’ or ‘Other Household Income’ fields.

* the customer is or was a self-employed person who has ceased activity 
* the customer or their partner are the main carer of a child with an EEA national parent in formal education in the UK. For more information, use [TCM0320340](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320340) 
* the customer is or was a self-sufficient person and has or had Comprehensive Sickness Insurance (CSI) in the UK for themselves and their family members

Note: To determine what documents are acceptable as evidence of CSI use the Comprehensive Sickness Insurance (CSI) glossary entry on [TCM0320080](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320080).  


* the customer is or was a retired person 
* the customer is or was a student and has or had Comprehensive Sickness Insurance (CSI) in the UK for themselves

Note: To determine what documents are acceptable as evidence of CSI use the Comprehensive Sickness Insurance (CSI) glossary entry on [TCM0320080](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320080).  


* the customer is or was a family member of any of the above. For more information, use [TCM0320360](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320360) 
* the customer is or was a person who has a permanent right of residence. For more information, use [TCM0320340](https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0320340) 
  • return to the guidance you were previously following.