A person applying for a benefit will usually need to meet a residence or presence requirement, so their immigration status will be taken into account to determine whether they are eligible. Regulations set out the eligibility requirements for each benefit and may have slightly different immigration-related requirements.
A person who is 'subject to immigration control' will not be able to claim any benefits that are classed as 'public funds' for immigration purposes. However, there are some exceptions that allow a person who has leave to remain with a 'No Recourse to Public Funds' (NRPF) condition to receive certain benefits when they qualify for these. There are also several work-related benefits that are not classed as 'public funds', and therefore can be claimed by a person with a NRPF condition if they qualify for these.
Benefit eligibility rules can be complex, particularly when an applicant is part of a 'mixed household', where family members have different nationalities and/or types of immigration status.
People with pre-settled status or a pending application made under the EU Settlement Scheme are not restricted from claiming public funds, but will need to meet a right to reside test in order to qualify for means-tested benefits, such as Universal Credit.
British citizens returning to live in the UK after a period of residence abroad may be ineligible to claim benefits on their return, although this should only be for a temporary period.
When a person is refused benefits or has complex circumstances, such as being in a 'mixed household', they may need to seek advice from a benefits adviser.
More information about eligibility for different benefits is available on gov.uk.
Citizen's Advice, Turn2Us, and Money Helper also provide information about applying for benefits.
Page updated: 09 June 2025
