British and Irish citizens
This page covers the whole of the UK
Contents:
Are you a British or Irish Citizen?
British citizens are not subject to immigration controls and have the right to live and work in the UK without restriction. Irish citizens do not need permission to enter or remain in the UK. If you are a British or Irish citizen:
- you are eligible for universal credit, state pension credit or housing benefit provided you are also habitually resident, and
- you are eligible for a housing allocation or to homelessness assistance from the council/Housing Executive:
- in Scotland (without further conditions), or
- in England, Wales and Northern Ireland, provided you are also habitually resident.
If you apply for a tenancy from a private landlord or directly from a housing association in England, your landlord must ask for documents proving your status, such as a passport. If you do not have a passport or Irish passport card, check which other documents your landlord can accept.
If you are the family member of a British or Irish citizen your rights to housing and benefits depend on what kind of leave you have. For more on this and what happens if British or Irish family member applies for housing or benefits on your behalf, see the page for British family members.
Are you another British national or Commonwealth citizen?
If you have a form of British nationality that is not British citizenship, for example because you are from a UK overseas territory, your rights to housing and benefits are the same as those of someone who is not British. They depend on whether you have been granted indefinite leave or limited leave to remain in the UK.
If you are a British National (Overseas) from Hong Kong and are destitute, you can apply to have your 'no public funds' condition lifted. If your application is successful, you can apply for housing, homelessness assistance, universal credit, state pension credit or housing benefit.
If you are a Commonwealth citizen with a ‘right of abode’ your rights to housing and benefits are the same as a British citizen.
How do you meet the habitual residence test if you are British or Irish?
If you are returning to the UK after living abroad, you do not need to show you are habitually resident if any of the following apply:
- you are applying for housing or homelessness assistance in Scotland
- you are an Irish citizen with EU pre-settled status and are an EEA worker or self-employed person
- for up to six months, if you were living in a country or territory when the UK government advised British nationals to leave or arranged their evacuation, starting from whichever happened first.
- you lived in Israel, Palestine or Lebanon before 7 October 2023 and left because of escalating violence
- you lived in Sudan before 15 April 2023 and left because of escalating violence
- you lived in Ukraine before 1 January 2022 and left because of the Russian invasion
- you left Afghanistan on or after 15 August 2021 because of the collapse of the Afghan government
- you have been deported to the UK from another country, or
- for housing benefit only, if you receive universal credit or state pension credit.
In any other case, the housing or benefits authority decides whether you are habitually resident based on the facts of your case. It is not enough just to be physically present in the UK. You must show that you came to settle and have lived here for an appreciable period, usually between one and three months.
