Council housing: immigration and habitual residence conditions

Who can apply for council housing?

You can usually apply for council housing if you have:

• British or Irish citizenship

• indefinite leave to remain (ILR)

• refugee status or humanitarian protection

• settled status under the EU settlement scheme

• right of abode as a Commonwealth citizen

• a visa that allows you recourse to public funds

What does 'recourse to public funds' mean?

It means you can apply for help with housing or benefits if needed.

Examples of leave to remain that allow recourse to public funds include:

• Ukraine family scheme visas

• Homes for Ukraine sponsorship visas

• Afghan relocations and assistance policy

• Afghan citizens resettlement scheme

What if you have 'no recourse to public funds'?

You cannot get council housing or most benefits in the UK.

This affects many people from abroad including:

• people seeking asylum

• work permit holders

• international students

• people on partner visas

• visitors and some other types of limited leave to remain

What is the habitual residence test?

'Habitual residence' means your main home is in the Common Travel Area and you do not have plans to live anywhere else.

The Common Travel Area means the UK, Republic of Ireland, Channel Islands or Isle of Man.

Most people have to be habitually resident to apply for council housing.

This applies to British and Irish citizens as well as other passport holders.

If you've lived abroad in the last 2 years

The council might ask you more questions to work out if you're habitually resident.

Most people are habitually resident within 3 months of arrival in the UK.

Some people can qualify as soon as you arrive. For example, if you:

• lived here before and have returned to resettle

• are deported or removed from another country

• were living in Ireland, the Channel Islands or Isle of Man

Some people do not have to be habitually resident. For example, if you have:

• refugee status or humanitarian protection

• leave to remain with recourse to public funds because of war in Ukraine or Afghanistan

You must still meet any local rules to join the housing register.

If you have EU pre-settled status

You have to meet extra conditions to apply for council housing if you have pre-settled status.

You must show that you're in one of the following situations:

• working or self employed

• looking for work after working in the UK

• cannot work temporarily due to ill health after working in the UK

• late stages of pregnancy and expect to return to work or looking for work within a year

• recently given birth and expect to return to work or looking for work within a year

• legally resident for at least 5 years

You might be able to apply for council housing if a child who lives with you is at school in the UK. Your child must have lived in the UK while you or their other parent was an EU worker or self employed. You do not need to be working now.

What if the council gets it wrong?

The council must write to you if they decide you cannot go on the housing register. The letter must tell you why.

You can ask for a review if you think the council is wrong. For example, if you're an EU citizen with pre-settled status who meets the extra conditions.

If you're a returning resident but the council say you're not yet habitually resident, it can be easier to wait a few months and reapply when you can show you have resettled in the UK.

How to ask for a review

The council should tell you about their review process and any time limits. For example, you may have to ask for a review within 3 weeks of getting the council's decision letter.

You may need to give the council more information. For example, if you are working and have pre-settled status you may need to show proof of your income.

It often takes up to 2 months for the council to carry out a review. The council must write to you with their final decision.

Need immigration advice?

Get immigration advice before applying for council housing if you're unsure of your immigration status.