Advising British and Irish citizens

This page is for housing advisers. If you are a new arrival please click here for information more relevant to you.

This page covers the whole of the UK

British citizens, Irish citizens and others with the right of abode

British citizens have a ‘right of abode' in the UK, meaning they are free from immigration control and can enter, live and work in the UK without any restrictions.

British citizenship: children born in the UK

For children born in the UK on or before 31 December 1982 to a parent who was a British subject (i.e. from a former UK colony), evidence of that fact is proof enough of British citizenship. For a child born after that date, proof of citizenship or settled status of either parent on the day he/she was born, plus proof of birth in the UK, are sufficient to show British citizenship.

A child who was born in the UK after 31 December 1982 to non-British/settled parents can register as a British citizen (on payment of a fee) provided they do so before reaching age 18, if:

• either parent has since acquired British citizenship or settled status, or
• the child is aged at least ten years and during each of the first ten years of its life the number of days s/he was absent from the UK did not exceed 90 days.

For further advice about registering a child as British see the Project for the Registration of Children as British Citizens.

Irish citizens: status and rights of residence

Irish citizens (unlike other foreign nationals) do not require leave to enter or remain in the UK, even though the UK has left the EU. This also means Irish citizens are not ‘subject to immigration control’ for housing and benefits purposes.

Other British nationals and Commonwealth citizens

People who have a form of British nationality which is not British citizenship (e.g. those from a UK overseas territory) are subject to immigration control and their rights to housing and benefits are the same as any foreign national: these rights depend on the kind leave the person has, and whether it gives access to public funds.

People from Hong Kong with a British National (Overseas) visa (30 months or five years) and who are destitute or at imminent risk of destitution can apply to have the 'no public funds' condition lifted, and if it is granted will get full access to housing and benefits.

A Commonwealth citizen with a ‘right of abode’ has the same rights to housing and benefits as a British citizen.

How does this affect rights to housing and benefits?

The rules below apply to British and Irish citizens and Commonwealth citizens who have the right of abode.

Duty to provide advice and assistance if homeless

In England, Wales and Northern Ireland, if a person is homeless or threatened with homelessness, the local authority (the Housing Executive in Northern Ireland) must provide free advice and information without proof of eligibility. In England and Wales, this also applies to advice and information about joining the authority’s waiting list.

For Scotland, see below.

Duty to provide emergency (interim) accommodation

In all four countries, the housing authority has a duty to provide interim accommodation pending further enquiries if it has a ‘reason to believe’ that a person is eligible, homeless and (in England, Wales and Northern Ireland) in priority need. The English guidance (chapter 15, paras 15.4-6) reminds authorities that a ‘reason to believe’ is a lower test than ‘being satisfied’. There is no requirement whatsoever to produce evidence of nationality.

Once a person is in interim (emergency) accommodation, the authority must allow reasonable time and assistance to provide any proof of eligibility. The person must cooperate to provide the necessary information and evidence, but the authority must act reasonably in setting time limits and in deciding what it will accept as sufficient proof. For example, it must not set rigid criteria if there appears to be a good reason why a person cannot provide a particular document but appears otherwise to be credible.

Main homelessness housing duty

In England, Wales and Northern Ireland, citizens are eligible for homelessness assistance or for a housing allocation from the housing authority provided they are habitually resident. But in some cases, they are exempt from this requirement based on the reason for their arrival in the UK (e.g. if they were resident in Ukraine and arrived in the UK to escape from the war).

In Scotland, citizens are eligible for a housing allocation or for homelessness assistance (this is because unlike the rest of the UK, there is no residence requirement in Scottish law).

Universal credit (UC), state pension credit (SPC) and housing benefit (HB)

A citizen who claims UC, SPC or HB will need to provide a national insurance number and that of their partner.

A British citizen, Irish citizen or a Commonwealth citizen with the right of abode is eligible for UC, SPC or HB provided they are habitually resident. If a person has recently arrived in the UK after being resident abroad, they might be ineligible for benefit for a short period (usually between one and three months) until they have established habitual residence. But in some cases, they are exempt from this requirement based on the reason for their arrival in the UK (e.g. if they were previously resident in Ukraine and arrived in the UK to escape the war).

A person will not normally be asked for evidence of nationality and residency if they are British, Northern Irish or Irish, and have not left the UK in the last two years (or if they have, if it was for less than four weeks in total). But when they claim, the DWP may ask for evidence of identity (e.g. a passport).

For a Commonwealth citizen with the right of abode, see the section below (renting from a private landlord in England) about documents they might have to provide.

Renting from a private landlord

In Scotland, Wales and Northern Ireland, a citizen can apply for accommodation from a private landlord or direct from a housing association.

In England, a citizen can apply for accommodation from a private landlord or direct from a housing association, but the landlord is responsible for checking documents to confirm the person is a ‘relevant national’ who does not need a ‘right to rent’. Although British and Irish citizens are ‘relevant nationals’, the landlord is liable for a penalty if they do not conduct a check and a claim to be British or Irish turns out to be false. The landlord is responsible for conducting a check for each adult who will live in the tenancy (whether they will be a joint tenant or not).

The law lists which documents are acceptable to satisfy right to rent checks. A British or Irish passport or Irish passport card (current or expired) is sufficient. If a passport is current, the landlord can use an approved digital verification service to protect against liability if the person presents forged documents (landlords’ guide, annex B). For a person who does not have a passport, see the approved documents page for other evidence they can provide.

Commonwealth citizens with the right of abode are also ‘relevant nationals’. They can prove this if their passport or other travel document (current or expired) is endorsed with a stamp or certificate to show they are ‘exempt from immigration control’ or have the ‘right of abode’ in the UK.

A person who is undocumented or needs new evidence of status can get help from the Home Office Windrush Scheme, or see the approved documents page for other evidence you can provide.

Mixed eligibility households (family members who are not British/Irish)

This section describes the rules for a British, Irish or Commonwealth citizen with the right of abode who applies for housing or claim benefits if other members of the family are subject to immigration control or have recently arrived in the UK. There are special rules that assist the spouse/civil partner of a British citizen who has experienced domestic abuse and British citizen family members who have EU pre-settled status – see the British family members page for further details.

Applications for a housing allocation and homelessness assistance

If a British or Irish citizen applies for housing or for homelessness assistance but the other members of their household are not eligible, see the rules about:

• applications for housing
• applications for homelessness assistance (restricted cases).

Claims for UC, SPC and HB for a child who is not British or Irish

A person should get advice from an IAA registered immigration adviser before making a claim, if they or their partner are responsible a child who:

• requires leave to be in the UK but does not have it, or
• has leave without access to public funds (including a sponsored migrant).

Receiving benefit for a child counts as receiving public funds, and their right to remain in the UK is at risk. In any other case (i.e. if the child has settled status or leave with access to public funds) it is safe to claim benefit for them. There is no requirement that a child must be habitually resident.

Claims for UC, SPC, or HB if a partner is subject to immigration control

If a partner is subject to immigration control a person can claim:

• UC as a single person if they are under pension age, or
• SPC or HB (or both) as a single person if they are pension age (even if the partner is working age).

In either case the award will be based on the allowance for a single person instead of a couple. These rules ensure the partner does not receive public funds and breach that condition of their leave.

But if a person is under pension age, lives in temporary or supported accommodation and their partner is subject to immigration control, it is not necessarily safe to claim HB. The partner is counted as receiving public funds if the first person gets a higher award because of them. They should get specialist advice before claiming.

Claims for UC, SPC, or HB if a partner is not habitually resident

If a partner is not subject to immigration control but is not habitually resident:

• it is safe to claim UC, SPC or HB, but
• for UC and SPC the award will be calculated using the allowance for a single person until such time as the partner establishes their habitual residence (usually after one to three months). For HB the person can choose which one of them is the claimant even if it is the partner who is the sole tenant (Housing Benefit Guidance Manual, Chapter A2 (pdf), para A2.62).

Renting from a private landlord in England

The landlord must check the documents of each adult who will be living in the tenancy. See the page about advising on right to rent checks for further details.