The council will want to decide if you are legally ‘eligible’ to qualify for help. To do this they may need to ask you some questions about your nationality and/or your immigration status.
In response to the Hamas terrorist attack in Israel on 7 October 2023 and the violence which rapidly escalated in the region following the attack, there has been an important change to the law.
This change helps certain groups of people fleeing the violence to receive housing assistance.
The following people are now eligible for homelessness assistance and community landlord housing without having to satisfy the conditions of the ‘habitual residence test’:
People arriving in Wales who are subject to immigration control:
People not subject to immigration control:
If you have arrived from Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon elsewhere in the United Kingdom, please check Shelter England, Shelter Scotland, or Housing Advice Northern Ireland for updates.
From 1 January 2021 important new rules affect citizens from the European Union (EU), European Economic Area (EEA) and Swiss nationals applying for homelessness help from the council.
Citizens of those countries, living in the UK before 31st December 2020, must apply to the EU Settlement Scheme (EUSS) to continue to be eligible to apply to the council for homelessness help.
The deadline to apply to the EUSS was the 30th June 2021. If you missed the deadline, you might still be able to apply if you can show ‘reasonable grounds’ for your late application.
For more details about the new rules, click here.
Being ‘eligible’ for homelessness assistance depends on your immigration and residence status. There are different rules for British citizens, nationals of EU or EEA countries and people of other nationalities.
Only people who are ‘eligible’ are entitled to full homelessness help from the council.
If you live in the UK, are a British citizen and have not recently spent time living in other countries you will almost certainly be ‘eligible’. There are two main groups of people who may not be ‘eligible’. These are:
If your husband, wife, civil partner or parent is eligible, you may be eligible yourself (even if your relationship has ended).
In Wales, even if you are not eligible, you should be given general information and advice about how to prevent homelessness, find accommodation or get further help.
You are eligible if you are a British citizen living in the UK and you have not recently spent time living abroad.
You may not be eligible if you are a British citizen but have returned to the UK after living abroad for a lengthy period. This is because councils can only provide homelessness assistance for people who are classed as ‘habitually resident’. When they assess your application, the council will decide whether you are habitually resident, and will look at things like:
Only certain people from abroad are eligible. The rules are very complicated if you are not a UK citizen and your rights will depend on your immigration status. The council may contact the Home Office to check your status, so you should always get specialist advice before you apply.
People who are subject to immigration control
Citizens of countries from outside the EEA are generally subject to immigration control and need permission to enter or remain in the UK.
EEA, EU and Swiss citizens who arrive in the UK after the 1st January 2021 are also likely to be subject to immigration control.
Most people who are subject to immigration control are not eligible for homelessness assistance. But, there are some exceptions. You may still be eligible if:
People who are not subject to immigration control
If you are not a British Citizen and not subject to immigration control, you will probably be eligible provided you are ‘habitually resident’ in the UK.
There are some situations where you can still be eligible for assistance, even if you are not habitually resident. These include if you are an:
See our advice for EU and EEA nationals for more details.
Immigration law is extremely complicated, so get advice before you apply if you are not sure of your status.
If you are seeking asylum and have nowhere to live, you may be entitled to help from UK Visas and Immigration while your asylum claim is being decided. In some cases, social services may be also be able to help. Get advice if you are in this situation. See the page on Asylum Seekers for more information.
The rules for mixed-eligibility households are complicated so it is best to get advice, especially if you have dependent children. In most situations like these, the eligible person should apply to the council for assistance.
Until the council make a decision that you are not ‘eligible’ they should continue to carry out an assessment of your case.
If, before making a final decision, the council have reason to believe that you may be ‘eligible’, homeless and in ‘priority need’ then it should make sure that emergency housing is available to you. At this stage the council does not have to be certain that you are eligible, it just has to have reason to believe that you might be. This accommodation may be called ‘interim accommodation’ and you can find out more about it here.
If the council later decides that you are not ‘eligible’ it can ask you to leave any emergency housing it has provided but must still provide you with general information, advice and assistance in getting other help for you.
If the council decides that your household is not ‘eligible’, it has no further duty to help you other than give you some general information and advice. If the council has already provided you with emergency housing whilst it was carrying out checks and making it’s decision then it can ask you to leave.
If the council considers that you are not ‘eligible’ it has to inform you in writing. The letter must explain the reasons why the council has come to that decision. It must also inform you of your right to request a review of the decision within 21 days. If this happens, you should get advice immediately to see if you can challenge the council’s decision. If you are unable to request a review, or if your review is unsuccessful an adviser can help you consider your alternative housing options.
If it is decided that you are not eligible for assistance and the decision cannot be challenged, you may be able to get help in other ways.
Social Services departments of local councils may have a duty to assist if:
The council’s housing department and social services should co-operate to help you.
UK Visas and Immigration provides housing and other support to people who are seeking asylum.
The Housing Rights Information website has useful information about the housing and benefit rights of people from abroad.
If you need specialist advice about your immigration status, you can find your nearest adviser by following the link on the Citizens Advice website.
If you have a housing problem, call our expert housing advice helpline
Webchat with an adviser
This page was last updated on: November 17, 2023
Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.
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