June 2018 – Benefit Claims for Commonwealth Citizens Needing to Prove Their Right to be in the UK

The guidance highlights how Commonwealth citizens needing to obtain documents to prove their right to live and work in the UK who are applying for benefits, may not be able to provide adequate evidence of their immigration or residence status.

As a result, the guidance encourages individuals to contact the Home Office Taskforce as soon as possible in order to obtain documentation that will demonstrate how long individuals have lived in the UK continuously, or to obtain support in making an application to remain in the UK.

 

During this period, DWP are supporting these claimants to obtain evidence of nationality, status and habitual residence and are working closely with the Home Office to help individuals get the documents to confirm their right of residence.

In addition, the DWP advises of other forms of supporting evidence of nationality and residence, such as employment or education records, and advises that anyone claiming a DWP income-related benefit must be legally resident and habitually resident. Therefore people from the Windrush generation and other Commonwealth citizens who provide reasonable evidence of their right to reside in the UK (which may include, but is not limited to, British citizenship) and can show actual habitual residence will satisfy this criterion and are eligible to claim.

 

Where the evidence of nationality and status provided to and held by DWP and the Home Office indicates that the balance of probabilities is that the claimant is likely to have legal and habitual residence, the decision maker may determine that the claimant is eligible to claim benefits.

 

Supporting evidence of nationality and residence could include

Current passport OR most recent passport (including expired passports) where there is a reason that a current passport is not available

Their National Insurance contributions record

Employment records

Evidence of education

Where they have lived during their time in the UK; for example bills and letters

Birth certificate, which will show evidence of nationality/Commonwealth citizenship

This is not an exhaustive list.

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