× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Residence issues  →  Thread

British overseas territories

Kizza
forum member

Advice and Guidance Coordinator, CCP Gloucestershire

Send message

Total Posts: 20

Joined: 17 July 2012

Hi

I have a centre visitor who comes from St Helena. St Helena is a British overseas Territory so she is a British citizen and holds a British Passport. She has come across for 6 months to have treatment for cancer.

Am i right in thinking that as a British citizen she has the right to reside but would fail the past/presence and habitual residency tests needed to claim benefits because has not been resident in Great Britain until now?

I am doubting myself on this so just checking I am correct.

Thanks

Madamejones
forum member

Benefits Take Up officer - Cheltenham Borough Council, Gloucestershire

Send message

Total Posts: 44

Joined: 17 June 2010

Hi

She has the RTR but -

have the right to reside in the UK
live in the UK as your main home - except for short periods, like holidays
In most cases, your child must live with you.

So if only here for 6 months, I would say not as also need to have lived here for at least 3 months.