Your rights to homelessness help from the council if you're an EU or EEA national depend on your residence rights in the UK. Find out when you qualify for help even if you're not in work.
How the council can help if you're homeless
You can ask the council for help if you're homeless or at risk of losing your home within 28 days. This is called a homeless application.
The council decides if you meet immigration and residence conditions for homelessness help. This is called being 'eligible for assistance'.
Many EU nationals meet the residence condition even if not in work but some don't.
Find out about the other qualifying conditions for:
- emergency accommodation
- longer-term housing
You might not get help with housing even if you meet the residence condition. Some homeless people only qualify for advice.
All Irish citizens have residence rights in the UK regardless of whether you are in work.
The council decides if you're 'habitually resident' using the same rules that apply to British citizens.
EU nationals with permanent residence
You meet the residence condition if you have a permanent right to reside in the UK.
The most common way to get permanent residence is after living and working in the UK for 5 years. You can also get permanent residence in other ways.
Find out more about homelessness rights when you have permanent residence.
EU nationals looking for work
Some EU nationals who are looking for work are classed as 'workers' even though they are unemployed.
If you have 'worker status' you:
- meet the residence condition for council help when homeless
- can usually claim housing benefit or universal credit housing costs to help with rent
If you don't have worker status or permanent residence, you might only have residence rights as a jobseeker. You won't usually be entitled to homelessness help or housing benefit until you find work.
Keeping worker status if you lose your job
You usually keep your worker status for at least 6 months if you:
- register with Jobcentre Plus within a few days
- start looking for work
You usually have to attend a Genuine Prospect of Work interview at Jobcentre Plus once you've been claiming jobseekers' allowance (JSA) or universal credit (UC) for 6 months. If you don't have a job lined up your worker status may end.
You can keep your worker status if you're doing work-related training. If you gave up your job to do the training, it must be related to your previous work.
If you lose your worker status
You might still meet the residence condition for homelessness help if either of the following apply:
- you have a child in education in the UK
- you're the family member of an EU national who is working, self-employed or has permanent residence
Find out more about the homelessness rights of family members of EU nationals.
If you only have jobseeker status
You can only have jobseeker status for up to 91 days during any period of residence.
During this time you can usually claim jobseeker's allowance (JSA).
You don't qualify for:
- homelessness help or housing from the council
- housing benefit or universal credit to help you pay rent
If you find work, your rights will change. Find out about the homelessness rights of EU nationals who are in work.
You probably have jobseeker status if you've:
- recently arrived in the UK to look for work but have not yet found a job
- been studying or self-employed in the UK but are now looking for work
You might also have jobseeker status if you've worked in the UK previously but there's been a significant gap between the end of your last job and and you looking for work again. This won't apply if you have a child in education in the UK.
Pregnancy, childbirth and maternity leave
You meet the residence condition for homelessness help if you are on maternity leave from your normal job. This is because you're still classed as a worker.
Sometimes you can also keep your worker status if you give up your job or have to stop looking for work because you:
- are in the late stages of pregnancy
- have recently given birth
In this situation, you meet the residence condition even though you are not working as long as you find another job within a reasonable time after having your baby. This usually means returning to work or work-seeking within 12 months.
EU nationals unable to work due to ill health
You're still classed as a worker or self-employed if you can't work temporarily because of illness or an accident.
This can apply if:
- you're off sick from work
- your employment ends due to ill health as long as you're likely to be able to work again once you've recovered
You meet the residence condition for homelessness help.
If your health condition means you can't return to work
You lose your worker or self-employed status if you stop working permanently because of ill health.
You'll probably still meet the residence condition for homelessness help in the following situations:
- you had worker status and still have a child in education in the UK
- you've lived and worked in the UK for at least 2 years before stopping work due to permanent ill health
The 2-year residence requirement doesn't apply if your health condition was caused by an accident at work or an occupational disease which entitles you to a pension.
If none of these apply, you're unlikely to qualify for homelessness help.
Family members of EU and EEA nationals
You may have residence rights based on being a:
- current or former partner of an EU national
- child or dependent relative of an EU national
This can apply even if you're from outside the EU.
If the council won't help
Get independent housing advice:
Help with a review
The council must tell you in writing if it decides you're not eligible for assistance.
You have 21 days to ask for a review if you think the decision is wrong.
You can get advice and help through legal aid if you're on a low income:
Last updated 19 Oct 2017 | © Shelter
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