Housing eligibility law
To get help if you are homeless or to go on to the council housing register, you must be eligible. The law defines who is and is not eligible, in terms of immigration status and habitual residence. The law is different for people from within the European Economic Area (EEA) and the UK and those from outside.
EEA nationals
To be eligible for housing, EEA nationals must have a right to reside in the UK:
- A right to reside can be gained by working
- There are some special rules about working for eastern Europeans and for Bulgarians and Romanians
- In some cases, people who are no longer working are also eligible: see EEA workers, A8 nationals and Bulgarians and Romanians
- EEA nationals who are self-employed are also eligible: see EEA workers, A8 nationals and Bulgarians and Romanians
- EEA nationals who are studying or self-sufficient may also be eligible in some circumstances but will have to pass the habitual residence test. Further information about other EEA nationals
- Family members of eligible EEA nationals will usually be eligible, even when they are not themselves EEA nationals.
People from outside the EEA
Citizens of countries from outside the EEA are generally subject to immigration control and need permission to enter or remain in the UK. The eligibility rules say that only some people subject to immigration control are eligible:
- Refugees and people with discretionary leave, humanitarian protection and exceptional leave to remain with no conditions as to recourse to public funds are eligible
- People with indefinite leave to remain are eligible (with some exceptions) but have to pass the habitual residence test
- Generally, people with work permits and other forms of limited leave to remain are not eligible.
Most other people from outside Europe are not eligible for housing and homelessness help. Social services departments may be able to help some people (e.g. people with social care needs) get accommodation in emergencies.