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.

On this page:

Who can get tax credits?

To get Working Tax Credit 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
  • be responsible for a child who normally lives with you

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Being present in the UK

To get tax credits you normally have to 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.

Can you claim tax credits if you live outside of the UK?

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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.

Ordinarily resident - an example

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. Aleksy's main home is in the UK and the family has chosen to live and settle here. So they are classed as being ordinarily resident, and can make a claim for tax credits.

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Having a 'right to reside' in the UK

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

  • a UK national
  • a national of the Republic of Ireland, the Channel Islands or the Isle of Man

If you're from another country,  there are certain rules that apply.

The Tax Credit Office will decide whether or not you have a right to reside by looking at all of your circumstances. The table below can give you an idea, but you'll need to actually claim tax credits to find out for definite if you qualify.

'Family member' in the table could mean your spouse (husband or wife) or civil partner, for example. It can also mean your children in certain circumstances.

Where you're from When you may have a right to reside in the UK
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Latvia, Liechtenstein, Lithuania
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden,
Switzerland

If one of the following applies to you or a family member:

  • you're working for an employer or self-employed in the UK
  • you're actively looking for work and registered with Jobcentre Plus - you must be looking for a type of work you have a reasonable chance of getting
  • you're a student in the UK

Or, if both of the following apply to you or a family member:

  • you can support yourself and your family financially - as a guide, this means you have enough money to stay above the level at which you'd get certain benefits, like Income Support
  • you have comprehensive sickness insurance cover for yourself and your family
Bulgaria, Romania

If one of the following applies to you or a family member:

  • you're working in the UK - you'll normally need permission from the Home Office before you start work
  • you're self-employed in the UK
  • you're a student in the UK
  • you’re registered with Jobcentre Plus and, for at least 12 months before becoming unemployed, you were in a job authorised by the Home Office

Or, if all of the following apply to you or a family member:

  • you're actively looking for work - you must be looking for a type of work you have a reasonable chance of getting
  • you can support yourself and your family financially - as a guide, this means you have enough money to stay above the level at which you'd get certain benefits, like Income Support
  • you have comprehensive sickness insurance cover for yourself and your family
None of the above countries If you have permission to enter and remain in the UK.

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Immigration and tax credits

You may not be able to get tax credits if you're subject to 'immigration control'. This generally means one of the following:

  • you have permission to stay in the UK as long as you don't claim cetain benefits
  • you need permission to stay in the UK, 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

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

If your family lives in another European Economic Area (EEA) country or Switzerland you may be able to claim tax credits for them. You'll need to be a national of an EEA country or Switzerland yourself.

If you're a national of a country outside the EEA or Switzerland, and your family has stayed behind, you can't claim for them. You can claim tax credits for them when they actually arrive in the UK.

Your family doesn't live in the UK - check if you can get tax credits

Countries in the EEA

EEA countries are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.

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Help and advice

It's important to get the right advice about your particular immigration status. There is more information, including contact telephone numbers, on the UK Border Agency (UK BA) website.

UK Border Agency website (Opens new window)

Search for your local Citizen's Advice Bureau (Opens new window)

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More useful links

Tax credits for cross border workers

How to claim tax credits

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