Common problems
Benefits
If you are a worker, self employed or in business you are entitled to the same benefits as UK nationals. For general information on the UK benefits see Benefits.
If you're an:
- independent student; or
- pensioner who hasn't worked here for long enough; or
- an EEA national who isn't a worker, self employed or in business
you must be able to show that you can live here without claiming benefits and that you have health insurance. However, sometimes you can claim benefits temporarily. If you need help on a short term basis get advice from a local advice agency.
Habitual residence test
A test which the UK government uses to decide if you're entitled to welfare benefits.
If you're having problems claiming benefits it could be because you don't pass the 'habitual residence test' or that it is being applied to your case when you should be exempt from it. It can be quite complicated to prove that you are 'habitually resident' so if you're not sure get some advice.
Housing
EEA nationals have the same rights to rent and buy property as British nationals. If you are having problems finding accommodation get help from one of the organisations listed on the Useful organisations page or contact your local authority housing department. You can apply to go on the housing register and you will be assessed in the same way as all other applicants. If you are having difficulties paying your rent you might be able to get Housing Benefit, like Anna below. Get some advice.
Anna's story
Anna is from Italy and loved living in Manchester, despite the rain. Then one day on the way to work she stumbled and fell heavily on her ankle. The x-ray confirmed her fears; it was broken in several places. She had to stay off work for two months. She was worried that she wouldn't be able to pay her rent without her wages coming in so she decided to try and claim Housing Benefit.
The woman at her local council told her that she couldn't claim Housing Benefit because she was no longer a 'worker'. Anna didn't know what to do. She was worried that she'd be evicted if she didn't pay her rent. But then a friend suggested that she try the local CAB to see if there was anything else she could do. The adviser told Anna that the woman at the council had made a mistake. Anna was entitled to Housing Benefit temporarily. The adviser helped her make an application, and this time it was successful.
Anna was able to get better without having to worry too much about money and went back to work as good as new.
Getting medical treatment
EEA nationals who are here temporarily can get NHS treatment if they show their European Health Insurance Card (EHIC). You should get your EHIC before you leave your home country.
If you are living here as a worker or you're self employed or in business then you are entitled to the full range of NHS treatment, without the need for an EHIC.
Independent students, pensioners and those who are just staying here have to have medical insurance.
"My step-daughter was refused an EEA family permit!"
Sometimes the UK Border Agency (UKBA) refuses to issue family permits if you don't have the right documents. Try to make sure that you have all the right documents and as much evidence as possible to prove the relationship.
"The entry clearance officer applied the wrong test!"
Sometimes entry clearance officers dealing with applications from family members of EEA nationals living in the UK make wrong decisions. If you think this has happened in your case get legal advice. You have a right of appeal against any decision to refuse you a visa or EEA family permit, even for a visit.
"I had to go back home to look after my dad for a few weeks while he was ill and now the benefits agency say that I'm not 'habitually resident."
Your benefits agency office is wrong. You don't stop being habitually resident just because you've been away for a few weeks. Get some advice about how to appeal against their decision.
See the Useful organisation page for information on where to get help.
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