OpenLegislation

Regulation 9 Persons treated as not being in Great BritainC1

England, Wales and Scotland

(1)

For the purposes of determining whether a person meets the basic condition to be in Great Britain, except where a person falls within paragraph (4) F1and subject to paragraph (4A), a person is to be treated as not being in Great Britain if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(2)

A person must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.

(3)

For the purposes of paragraph (2), a right to reside does not include a right which exists by virtue of, or in accordance with—

(a)

regulation 13 of the EEA Regulations F2...; F3...

F4(aa)

regulation 14 of the EEA Regulations, but only in cases where the right exists under that regulation because the person is–

(i)

a qualified person for the purposes of regulation 6(1) of those Regulations as a jobseeker; or

(ii)

a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; F5...

(b)

F6regulation 16 of the EEA RegulationsM1, but only in cases where the right exists under that regulation because F7the person satisfies the criteria in F8regulation 16(5) of those Regulations F9...F10; or

F11(c)

a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(i)

Appendix EU to the immigration rules made under section 3(2) of that Act; F12...

(ii)

being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that ActF13; or

(iii)

having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.

F14(3A)

Paragraph (3)(c)(i) does not apply to a person who—

(a)

has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

(b)

would have a right to reside under the EEA Regulations if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3)(a) or (b)

(4)

A person falls within this paragraph if the person is—

F15(za)

a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—

(i)

the Afghan Relocations and Assistance Policy; or

(ii)

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(zb)

a person in Great Britain not coming within sub-paragraph (za) or F16(e) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

F17(zc)

a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

(i)

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; F18...

(ii)

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act F19or;

(F20iii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

F21(zd)

a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i)

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii)

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

F22(ze)

a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

(i)

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii)

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

F23(zf)

a person who—

(i)

was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

(aa)

provided public information to advise British nationals to leave that country or territory, or

(bb)

arranged the evacuation of British nationals from that country or territory;

(ii)

has left that country or territory and is present in Great Britain; and

(iii)

has—

(aa)

a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(bb)

no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(cc)

leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

(dd)

leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(zg)

a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules;

(a)

a qualified person for the purposes of regulation 6 of the EEA Regulations as a worker or a self-employed person;

(b)

a family member of a person referred to in sub-paragraph (a)F24...;

(c)

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations;

F25(ca)

a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3)(c)(i), provided that the relevant person of Northern Ireland falls within paragraph (4)(a), or would do so but for the fact that they are not an EEA national;

F26(cb)

a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020;

(cc)

a family member of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;

(d)

a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

F27(e)

a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971M2 F28...

(f)

a person who has humanitarian protection granted under those rules; or

(g)

a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 M3 and who is in the United Kingdom as a result of their deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

F29(4A)

A person who falls within paragraph (4)(zf) will be treated as a person in Great Britain in the circumstances specified in paragraph (1) for 6 months beginning on the day on which the public information is issued, or the evacuation is started.

F30(5)

In this regulation—

  • “EEA national” has the meaning given in regulation 2(1) of the EEA Regulations;

  • “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) of the EEA Regulations does not apply for the purposes of paragraphs (3A) and (4)(ca);

  • “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.

Annotations

Textual amendments

F1

Words in reg. 9(1) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 2(2)

F2

Words in reg. 9(3)(a) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 75(3)(a)(i)

F3

Word in reg. 9(3) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Universal Credit (EEA Jobseekers) Amendment Regulations 2015 (S.I. 2015/546), regs. 1(1), 2(a)

F4

Reg. 9(3)(aa) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit (EEA Jobseekers) Amendment Regulations 2015 (S.I. 2015/546), regs. 1(1), 2(b)

F5

Word in reg. 9(3)(aa)(ii) omitted (7.5.2019) by virtue of The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/872), regs. 1, 8(3)(a)

F6

Words in reg. 9(3)(b) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/872), regs. 1, 8(3)(b)(i)

F7

Words in reg. 9(3)(b) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/872), regs. 1, 8(3)(b)(ii)

F8

Words in reg. 9(3)(b) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/872), regs. 1, 8(3)(b)(iii)

F9

Words in reg. 9(3)(b) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 75(3)(a)(ii)

F10

Word in reg. 9(3)(b) inserted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/872), regs. 1, 8(3)(c)

F11

Reg. 9(3)(c) inserted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/872), regs. 1, 8(3)(d)

F12

Word in reg. 9(3)(c)(i) omitted (31.12.2020 immediately after IP completion day) by virtue of The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs., 1(2)(a)(3)(d), 25(2)(a)

F13

Reg. 9(3)(c)(iii) and word inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs., 1(2)(a)(3)(d), 25(2)(b)

F14

Reg. 9(3A) inserted (24.8.2020) by The Social Security (Income-Related Benefits) (Persons of Northern Ireland - Family Members) (Amendment) Regulations 2020 (S.I. 2020/683), regs. 1, 8(2)(a)

F15

Reg. 9(4)(za)(zb) inserted (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 3(2)

F16

Word in reg. 9(4)(zb) substituted (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 3(2)

F17

Reg. 9(4)(zc) inserted (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 3(3)

F18

Word in reg. 9(4)(zc)(i) omitted (18.10.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 2(1)(a)(2)(g)

F19

Word in reg. 9(4)(zc)(ii) inserted (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 2(1)(b)(2)(g)

F20

Reg. 9(4)(zc)(iii) inserted (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 2(1)(c)(2)(g)

F21

Reg. 9(4)(zd) inserted (E.W.S.) (15.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 3

F22

Reg. 9(4)(ze) inserted (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 2(3)

F23

Reg. 9(4)(zf)(zg) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 2(3)

F24

Words in reg. 9(4)(b) omitted (24.8.2020) by virtue of The Social Security (Income-Related Benefits) (Persons of Northern Ireland - Family Members) (Amendment) Regulations 2020 (S.I. 2020/683), regs. 1, 8(2)(b)

F25

Reg. 9(4)(ca) inserted (24.8.2020) by The Social Security (Income-Related Benefits) (Persons of Northern Ireland - Family Members) (Amendment) Regulations 2020 (S.I. 2020/683), regs. 1, 8(2)(c)

F26

Reg. 9(4)(cb)(cc) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 75(3)(b)

F27

Reg. 9(4)(e) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(b), 3(5)

F28

Words in reg. 9(4)(e) omitted (22.3.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 3(4)

F29

Reg. 9(4A) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 2(4)

F30

Reg. 9(5) inserted (24.8.2020) by The Social Security (Income-Related Benefits) (Persons of Northern Ireland - Family Members) (Amendment) Regulations 2020 (S.I. 2020/683), regs. 1, 8(2)(d)

Marginal citations

M1

Regulation 15A was inserted by S.I. 2012/1547 and paragraph (4A) of that regulation was inserted by S.I.2012/2560.

M2

1971 c.77.

M3

1999 c.33.

Modifications

C1

Reg. 9 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(3), 4(4), 11(t)