TFC06300 - Residence rules: exceptions to the ordinarily residence rules

Childcare Payments (Eligibility) Regulations 2015, regulation 8

Persons in the UK but not ordinarily resident in the UK are treated as not being in the UK unless they are present in the UK as:

Childcare Payments (Eligibility) Regulations 2015, regulation 8(1)(a)

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, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 8(1)(b)

A person who has been granted, or who is deemed to have been granted, leave outside the rules of section 3(2) of the Immigration Act 1971 and that leave is discretionary leave to enter or remain in the UK, leave to remain under the Destitution Domestic Violence concession, or leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 8(1)(c)

A person who has humanitarian protection granted under the Immigration Rules, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 8(1)(d)

A person who has been deported, expelled, or otherwise removed by compulsion of law from another country to the UK, but is not a person subject to immigration control as defined by section 115(9) of the Immigration and Asylum Act 1999, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 8(1)(e)

A person who has been granted leave to remain in the UK by the Secretary of State where the person has been relocated to the UK pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016.