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HMRC internal manual

Tax Credits Technical Manual

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HM Revenue & Customs
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Entitlement: Residence rules - Right to reside: A family member of a ‘qualified person’

The Immigration (European Economic Area) 2006 Regulations, regulation 7, (1) & 14, (2)

Family member - European Economic Area (EEA) or Swiss nationals

A family member of a “qualified person’ or of an EEA or Swiss national with a permanent right to reside in the United Kingdom, has a right to reside in the United Kingdom for as long as they remain a family member of the ‘qualified person’ or EEA or Swiss national.

To have a right to reside as a family member of a self sufficient person that person and their family members must

  • have sufficient resources not to become a burden on the social assistance system of the United Kingdom during their period of their residence, and
  • have comprehensive sickness insurance cover in the United Kingdom.

To have a right to reside in the United Kingdom as the family member of a student, residing in the United Kingdom, that person must have sufficient resources for themselves and their family not to become a burden on the social assistance system of the United Kingdom during their period of residence.

The resources of those who are self-sufficient, students and, where applicable, any family members, are regarded as sufficient if they exceed the maximum level of resources a United Kingdom national and their family members have to be eligible for social assistance under the United Kingdom benefit system.

Family member of a ‘qualified person’ in the case of a student means a spouse or civil partner and dependent children. In any other case family members means:

  • spouse or his civil partner and descendents of the claimant, spouse or civil partner who are dependent on him/them or are under 21;
  • dependent relatives of the claimant or civil partner in the ascending line.

For what we mean by a ‘qualified person’ please see TCTM02072