Archive Website of the UK government

What is 'immigration control'?

You are subject to 'immigration control' if any of the following apply:

• the Home Office gives you permission to stay in the UK (known as ‘leave to enter or remain’) - but this permission is given to you on the grounds that you don’t claim benefits, tax credits or housing help paid by the UK government (known as ‘no recourse to public funds’)
• you need permission to stay in the UK - again known as ‘leave to enter or remain’ - but you don't have it
• you have been refused permission to stay in the UK - but you have appealed against that decision and your appeal hasn't been decided yet
• you have been given permission to stay in the UK - but on the condition that someone else, like a friend, employer or relative (often called your 'sponsor'), supports you
  

How do you know if you're subject to immigration control?

When you arrived in the UK your passport may have been stamped. The stamp will show the terms of your stay in the UK.

For example, your passport may have been stamped with the words 'no recourse to public funds'.

Subject to immigration control - an example

Anisha and her children are from India and are staying with her sister's family near London. Anisha wants to make her home in the UK, but she hasn't been given permission to remain here.

Anisha is subject to immigration control, so can't claim tax credits.

When you're not subject to immigration control

You're not subject to immigration control if any of the following apply:

• you’re a UK national
• you’re a national of the Republic of Ireland, the Channel Islands or the Isle of Man
• you're a national of a European Economic Area country (see below) or Switzerland
• you’ve claimed asylum and you have been told by the Home Office that you can stay in the UK as a refugee
• the Home Office has told you that you are allowed to stay in the UK indefinitely

Countries in the EEA

EEA countries are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.

You're subject to immigration control - when can you get tax credits?

You have a partner

You can get tax credits if you have a partner in the UK who:

• isn't subject to immigration control
• is subject to immigration control, but whose circumstances are covered by any of the sections below

You will still need to meet the normal qualifying rules, such as the hours worked and your income.

You have 'no recourse to public funds' and your money from overseas stops for a while

You may get tax credits for up to 42 days if the money you normally get from overseas stops for a short while. But it must be likely that you'll start getting your overseas money again soon, and you must still have permission to stay in the UK.

You have permission to stay in the UK - on the condition that someone else supports you

You may still be able to get tax credits if someone else is responsible for your maintenance while you are in the UK. This means that they pay for your upkeep and provide you with somewhere to live. This person is often called your 'sponsor', and could be a friend, employer or relative. But all of the following must apply:

• your sponsor has given the Home Office a written statement saying that they're sponsoring you
• your sponsor has permission to stay in the UK
• you've been living permanently in the UK for at least five years, either since you came into the UK or since you started being sponsored (whichever date is later)

You may also be able to get tax credits if you've been living in the UK for fewer than five years, but:

• your sponsor has died
• all your sponsors - if you had more than one - have died

You're from Algeria, Morocco, San Marino or Tunisia

If you are from one of these countries you can only get Child Tax Credit. You won't be able to get Working Tax Credit.

To get Child Tax Credit, you will have to be both responsible for a child and be one of the following:

• lawfully working in the UK
• retired because you've reached pension age
• no longer working because you're looking after children or you're pregnant
• no longer working because you're sick, disabled, you've had an accident at work, you've got an industrial illness, or because your partner has died

You're from Croatia or the Former Yugoslav Republic of Macedonia

If you are a national of Croatia or the Former Yugoslav Republic of Macedonia, you may be able to get Working Tax Credit. You will need to be lawfully present in the UK.

You can't normally get Child Tax Credit. However, you may be able to if you've been getting payments for your children through Income Support or income-based Jobseeker's Allowance.

You're from Turkey

You can usually get both Child Tax Credit and Working Tax Credit.

To get Child Tax Credit, you will have to be both responsible for a child - and be one of the following:

• working in the UK lawfully
• retired because you've reached pension age
• no longer working because you're looking after children or you're pregnant
• no longer working because you're sick, disabled, you've had an accident at work, you've got an industrial illness, or because your partner has died

To get Working Tax Credit you need to be lawfully present in the UK and a Turkish national.

If you claimed asylum before 5 February 2024

You may still be able to get Child Tax Credit if you received financial support for your children through Income Support or income-based Jobseeker’s Allowance.

More useful links

• How to claim tax credits

• Children and tax credits

• What counts as work for Working Tax Credit?

• Advice on immigration matters from the UK Border Agency website Opens new window