Other EEA nationals
Who are they?
People who are citizens of countries in the European Economic Area (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany. Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden) and Switzerland have freedom of movement within Europe.
They may come to the UK to study or simply to live here using their own resources (as a self-sufficient person). Others may have acquired a right of permanent residence in the UK after living here for a prescribed time or after becoming permanently unable to work as a result of incapacity or illness.
What documents do they have?
An EEA national will have a passport or identity card from the relevant country, but there is no specific document to show that a person is studying or self-sufficient, it is simply a matter of fact. S/he can apply for a residence permit which looks like this.
After five years as a resident, an EEA national will normally qualify for a permanent right to reside, and can get their residence permit endorsed to say that they have the permanent right to reside. The permanent right to reside, however, exists whether the person has the residence permit or not.
What are their housing rights?
EEA nationals who do not have a right to reside, do not have the right to an allocation from the council or to get help if they are homeless.
EEA students have the right to an allocation from the council and to get help if they are homeless as long as:
- they can pass the habitual residence test AND
- they have signed a declaration that they will be self-supporting AND
- they have health insurance AND
- they can show that giving them housing will not place an unreasonable burden on the state.
The habitual residence test is a test of whether an applicant has a centre of interest in the UK, or the Republic of Ireland, the Isle of Man or the Channel Islands. A person may establish a centre of interest by demonstrating an intention to settle, having family links, looking for or finding work, spending some time living there, etc. A person who has lived in England for two years will be treated as habitually resident, but in practice it is possible to be habitually resident much earlier. This is a complex area of law and you may need advice if it is used as a reason for refusing a housing application.
EEA nationals who are self-supporting are expected to provide their own accommodation and maintenance. If they apply as homeless or claim housing benefit they are likely, in most circumstances, to be regarded as no longer self-supporting.
EEA nationals with a right of permanent residence have the right to an allocation of council housing and to get help if they are homeless.
All EEA nationals can also apply for accommodation from housing associations.
Further information about relevant regulations.
What are their rights to housing benefit (HB) and council tax benefit (CTB)?
EEA nationals who do not have a right to reside are not entitled to HB/CTB. The only exception occurs where:
- A person has been in receipt of at least one qualifying benefit (but it need not be the same one) without any breaks in entitlement since 30 April 2004. The qualifying benefits are: council tax benefit, housing benefit, jobseeker’s allowance, income support and state pension credit.
In broad terms (but subject to numerous complex exceptions) EEA citizens who are not in work or not self-employed do not have the right to reside in the UK. EEA citizens have a right to reside during the first three months of their stay or to seek work but these rights do not confer the right to claim benefit.
The following EEA citizens who are not currently in work but have a right to reside, are exempt from the requirement to be habitually resident and are eligible for HB/CTB:
- A person who was previously self-employed in the UK who is temporarily unable to work because of an illness or accident (but this does not apply to citizens of Bulgaria or Romania for whom different rules apply
- A former worker who is temporarily unable to work but who has retained their worker status (but this does not apply to A8 nationals to whom different rules apply or citizens of Bulgaria and Romania to whom different rules apply – further information about Bulgarians and Romanians)
- A person who is a family member of any of the above
- A person who has completed five years’ lawful residence in the UK and so acquired the permanent right to reside
- In certain circumstances a person who was previously working in the UK but who has subsequently retired from the labour market
- A person in receipt of income-based jobseeker’s allowance, income-related employment and support allowance, income support or state pension credit.
In addition the following EEA citizens who are not currently in work have a right to reside and are eligible for HB/CTB provided they are also habitually resident:
- Certain former family members of EEA nationals following death or separation
- Certain former migrant workers or self-employed who are the parent of a child who entered education in the UK whilst they were in work
- Students or other persons who are considered to be self-supporting provided that they have comprehensive health insurance and either
- in the case of a student they have signed a declaration that they will be self-supporting; or
- in any other case they have sufficient resources to support themselves and the members of their family.
Note that in the last instance the fact they have made a claim for HB/CTB will in most circumstances mean that they are regarded as no longer self-sufficient. However, the guidance suggests that a person who has been self-supporting for some time may in certain circumstances still be considered self-sufficient.
Are there any particular problems?
EEA rights are complicated and often misunderstood especially the rights of former workers.
Generally EEA citizens who enter the UK seeking work are not entitled to welfare benefits including HB/CTB. However EEA jobseekers (except A8 nationals and Bulgarians and Romanians) are entitled to claim jobseeker’s allowance (JSA) and if they are entitled to income-based JSA will also be entitled to full housing benefit.