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Proving your immigration status to get homeless help

The council's homeless team must look into your situation if:

  • you are homeless

  • you could be homeless in the next 8 weeks

They check you meet the immigration and residence conditions for help.

This is sometimes called being 'eligible for assistance' or 'habitually resident'.

Who cannot get homeless help

You cannot get help if your immigration status means you have 'no recourse to public funds'.

For example, if you are on a skilled worker or student visa, or seeking asylum in the UK.

Read this advice instead if you are:

Who can get homeless help

You could get homeless help if you have:

  • British or Irish citizenship

  • EU settled status

  • indefinite leave to remain (ILR)

  • refugee status or humanitarian protection

  • leave to remain with recourse to public funds

Some EU citizens with pre settled status can also get help. 

Emergency housing

The council should find you a safe place to stay if either:

  • you have children with you

  • you could have another priority need

More on emergency housing from the council.

The council must help if they think you might meet the conditions for help. They do not have to be sure.

It helps if you can show your passport or eVisa. But the council should not ask for proof of immigration status before they do anything.

Take these steps if the council refuse to help

You should:

  1. Check the rules yourself

  2. Get proof of your immigration status

  3. Tell the council why they are wrong

  4. Ask for a written decision letter

  5. Get legal help to challenge the council

Step 1: Check the rules yourself

Always check the rules yourself.

Councils might discriminate or make mistakes.

Read more about:

Step 2: Get proof of your immigration status

You can view your eVisa on GOV.UK.

It gives you a 'share code' to give to the housing officer.

Ask to use a computer at the council office if you do not have internet access.

If you cannot access your eVisa, show as much evidence as you can. For example, letters or emails from the Home Office.

If the council say you are not 'habitually resident', get evidence that your home is in the UK.

For example:

  • payslips

  • bank statements

  • letters from your GP

Step 3: Tell the council why they are wrong

Copy this letter template into an email to the council.

[Use the subject: Eligible for homeless help]

On [date] I asked for help because I am homeless.

You refused to take my homeless application because of my immigration status.

I am eligible because I have [describe your immigration status].

I can provide proof of my status. Please tell me what you need to see.

Under section 184 of the Housing Act 1996, you should accept a homeless application from me and make enquiries into my situation.

You should also give me emergency housing if you have a reason to believe I could be eligible and in priority need.

You can also download the template to print off and take into the council offices:

Step 4: Ask for a written decision letter

The council must give you a letter if they decide they cannot help.

The letter must give reasons why they are not helping.

Ask for a review if you think the decision is wrong.

Step 5: Get legal help to challenge the council

A solicitor or housing adviser can help.

Get free legal advice if you get benefits or have a low income.

Refugee and migrant charities might offer legal advice and other practical support.


Last updated: 19 October 2026

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