European workers and self-employed people
Contents:
Who does this page apply to?
The law about the rights of EEA nationals to live, work and claim access to housing, benefits and other services changed on 1 January 2021 when the Brexit transition period ended. You have the rights described on this page only if:
- you are a citizen of an EEA member state other than Ireland
- you are not the family member of a British citizen
- you entered the UK before 23:00 on 31 December 2020
- you applied to the EU Settlement Scheme (EUSS) on or before 30 June 2021 or you made a late application which has been accepted, and
- either:
- you have been granted EU pre-settled status; or
- you are waiting for a decision about your EUSS application.
If all of these apply, this page describes your rights to housing and benefits until you get EU settled status or your EUSS application is decided.
In other cases, you can find out if you are entitled to housing and benefits on other pages, as follows:
- if you are an Irish citizen, or the family member of a British citizen, see: British and Irish citizens
- if you have been granted EU settled status see: people with indefinite leave
- if you entered the UK for the first time after 31 December 2020 see people with limited leave or people with indefinite leave, according to the type of leave you were given
- if you failed to apply to the EU Settlement Scheme before 1 July 2021, you may have lost your right to live and work in the UK and may be an overstayer: see people who are destitute.
Who is a European (EEA) worker or self-employed person?
If this page applies to you (see section above) whether you are a worker/self-employed or a frontier worker depends on your record of work in the UK, such as the number of hours you work, how much you earn and whether you are currently in work or not. For further details see: who is a worker/self-employed and frontier workers.
If you started work in the UK before 1 January 2021, have worked in the UK for at least 12 months (which need not be continuous) but are not currently working, you may be able to keep your worker/self-employed rights while you are sick or unemployed or when you retire.
If you arrived in the UK before 1 January 2021, have worked in the UK for less than a year, are currently registered unemployed and have been seeking work for over six months, you may be an EEA jobseeker and have fewer rights than a worker.
If you do not fit any of the definitions of worker or self-employed here or you are an EEA jobseeker, you may still have rights to housing and benefits: see the page on other EEA nationals for more information.
What documents might you be asked for?
To qualify for housing or benefits you will need to show evidence of:
- your EU pre-settled status – you can do this with either your eVisa by applying for a share code or, provided it has not expired, your biometric residence card, or
- if you applied to the EU Settlement Scheme but you have not yet received a decision, your certificate of application and evidence of your nationality (passport, national residence card).
You will also need to show evidence of your employment or self-employment. If you work for an employer this could be a wage slip, letter from employer, P45, P60 or contract of employment..
If you are self-employed this could be:
- a letter from the HMRC (tax authority) saying that you have registered to pay tax and national insurance as self-employed;
- a copy of the application you have made to HMRC to pay tax and national insurance as self-employed;
- other documents that show that you are running a business such as receipts, invoices, promotional materials, etc.
What are your rights to housing and benefits?
In each case the rules below only apply to if you have EU pre-settled status, or you applied to the EU settlement scheme but have not yet received a decision.
All EEA nationals
You can apply for accommodation direct from a housing association regardless of whether you have worked here. However, you will not be entitled to help with your rent (universal credit or housing benefit) unless you also qualify by one of the routes set out below. You can also apply for accommodation from a private landlord.
EEA workers and self-employed persons
If you are an EEA worker or self-employed person you have the right to apply to join the housing waiting list kept by the local council or the Housing Executive, or to get help if you are homeless and to claim universal credit or housing benefit to help pay your rent. These rights apply for as long as you:
- continue to work or engage in self-employed activity (including as a frontier worker), or
- are treated as a worker/self-employed person while temporarily out of work (e.g. off sick or registered unemployed), or
- are treated as a retired worker.
For further details see the section above (who is a worker/self-employed).
EEA jobseekers
You are an EEA jobseeker if you have entered the UK before 1 January 2021 looking for work, have worked in the UK for less than 12 months (which need not have been continuous) and you have been registered unemployed for more than six months. That means that:
- in Scotland only, you have the right to join your council’s waiting list for social housing or to get help if you are homeless;
- in Scotland and Northern Ireland you are not entitled to universal credit or housing benefit; but
- in Scotland and Northern Ireland, you are not excluded from housing, help if you are homeless or benefits if you have some other right to reside (other than as a jobseeker) or as the family member of a person who has such a right.
You are strongly advised to register with the Job Centre while you are seeking work – even if you only expect to be out of work for a short time.
