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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 elsewhere. It is also different in Wales compared with England.
EEA nationals
To be eligible for housing in England, EEA nationals must have a right to reside in the UK:
- A right to reside can be gained by EEA workers and self-employed people.
- There are some special rules about working that apply to accession state nationals and to Bulgarians and Romanians.
- In some cases, people who are temporarily unable to work are also eligible: see EEA workers and self-employed people, accession state nationals and Bulgarians and Romanians.
- Other EEA nationals who are studying or self-sufficient may also be eligible in some circumstances but will have to pass the habitual residence test.
- Family members of eligible EEA nationals are usually eligible, even when they are not themselves EEA nationals.
In Wales any EEA national is eligible if s/he can pass the habitual residence test, and those who are covered by the rules on work and self-employment do not have to pass the test.
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 for England say that only some people subject to immigration control are eligible:
- Refugees and people with discretionary leave, humanitarian protection or exceptional leave following an application for asylum are eligible provided their leave does not include a public funds restriction.
- People with indefinite leave to remain are eligible (with some exceptions) but have to pass the habitual residence test.
- Generally, people with other forms of limited leave to remain are not eligible.
In Wales, in addition to those eligible in England, people from Turkey, Croatia and Macedonia who have a legal right to live in the UK and are habitually resident are eligible for a housing allocation and for homelessness help, and certain other people may get homelessness assistance.
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. There are also special services for people fleeing domestic violence.
