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EU/EEA workers and those EU/EEA citizens who are self employed are generally eligible to apply for social housing, get help if they become homeless and/or claim social security benefits, but there are certain restrictions.

The general rules are the same for all EEA/EU nationals. However, there are some restrictions if you are from an A2 country. Your rights may also depend on whether you are working and how long you have been in the UK.

What are my rights when I first arrive?

All EEA/EU nationals have an automatic right to live in the UK for three months after their arrival.
If you are not working during these three months, you will not be eligible to:

• apply to go on the council's waiting list for social housing
• get help from the council if you become homeless
• claim social security benefits.

If you are working during the first three months, then the rules for workers apply (see below). People from most EU/EEA countries will be eligible, but there are restrictions if you are from an A2 country.

What about my family?

Close family members who live with you have the same rights as you do. The following relations should be accepted as family members:

• a husband, wife or registered civil partner
• children (your own or your spouse/partner's) who are under 21 years old
• children (your own or your spouse/partner's) who are over 21 years old and still dependent on you
• other dependent relatives (which could include a long-term partner you are not married to, parents or grandparents - but only if they are dependent on you).

Former partners, regardless of their immigration status, will retain these rights if they are responsible for children who are under 18 and remain in education in the UK.

You might be asked to prove that a relationship is real. If you are making a homelessness application or claiming housing benefit you should take along any documents that prove your relationship. This might include passports, birth, adoption or marriage certificates.

Am I eligible for housing and/or benefits?

Having the right to reside in the UK doesn't necessarily mean you are eligible to apply for social housing, get help if you become homeless and/or claim benefits. The rules are broadly as follows:

• Workers and their family members have the right to:
  • apply for social housing
  • get help if they become homeless
  • claim benefits.

This is even the case if the worker is no longer living in the UK, but her/his children are under 18 and still at school in the UK. This right will also apply to the partner/spouse or former partner/spouse of the worker if they are responsible for those children.

• Jobseekers and their family members:
  • do not have the right to apply for social housing
  • are not entitled to help from the council if they become homeless
  • in some circumstances, may be able to claim some benefits if they are also 'habitually resident' (ie. normally live in the UK).
• Students who are 'habitually resident' may, in some circumstances:
  • have the right to right to apply for social housing
  • be entitled to help if they become homeless and/or
  • be able to claim benefits in some circumstances.
• People who are supporting themselves financially and are 'habitually resident':
  • are unlikely to be eligible for help if they become homeless (except in exceptional emergencies) but
  • can apply for social housing.

Am I classed as a 'worker'?

The rules are different if you come from an A2 country.

If you are from an A2 country, you will normally only have rights as 'workers' if you are currently employed. If you lose your job (or stop working for other reasons) within the first 12 months of working in the UK, you will stop being eligible. This will be the case even if:

• you are looking for a job
• you have lost your job through no fault of your own
• you lost your job because you are ill.

There are some exceptions to this rule, however, so it's always best to talk to an adviser if you stop working within the first 12 months.

Citizens of all other EEA/EU countries have rights as 'workers' if they:

• are currently employed
• are temporarily unable to work because of sickness or an accident
• were working for at least one year and are now registered as a jobseeker
• were in work but are now in vocational training (although if you have voluntarily given up your job to do vocational training, the course must be related to your former job for you to qualify).

If you are a worker who has lost their job and you have worked for less than one year, you will remain 'a worker' (and therefore remain eligible) for six months after losing your job, as long as you are registered as a jobseeker.

If you are responsible for children who are under 18 and remain in education you will retain your eligibility to apply for social housing, get help if you become homeless and/or claim social security benefits. 

What if I'm self-employed?

If you are self-employed, the rules are the same for all EEA/EU citizens, including A2 nationals:

• you can apply for social housing, make a homelessness application and/or apply for welfare benefits
• if you are temporarily unable to work because of sickness or an accident then you continue to have the same rights.

What rights do I have to live in the UK?

Your right to live in the UK (known as the 'right to reside') is based on:

• being a worker (A2 nationals have to register with the Home Office before they can start work, and will get full worker rights after 12 months)
• being a jobseeker (looking for work)
• being a family member of a worker or a jobseeker (again, the rules are different for A2 nationals during the first 12 months)
• being self-sufficient (this means that you have enough money to support yourself and any dependents and have comprehensive sickness insurance)
• being a self-sufficient student (this means that you have declared that you had enough money to look after yourself when you started the course, and have comprehensive sickness insurance).

Can I become a permanent resident?

EU and EEA citizens who have had a right to reside (of any type) in the UK for five years automatically get the right to permanent residence. Permanent residence means that you are eligible to apply for social housing and can get help from the council if you become homeless.

Some people get a right of permanent residence before five years:

• If you had to stop working because of an accident or illness that means you can no longer work, the five-year qualifying period drops to two years.
• If you had to stop working because of an accident or illness that was work-related, you get a right of permanent residence immediately.
• If you reach retirement age (or take early retirement) while you are in the UK, you can become a permanent resident if you have worked or been self-employed for at least 12 months before reaching pension age, and you have lived in the UK for at least three years.

If you have never worked in the UK then you do not qualify to become a permanent resident.

Where can I get more information?

If you have recently arrived in the UK, Housing Rights Information (run by the Chartered Institute of Housing and the Housing Associations Charitable Trust) has more information about your housing rights.  

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