Showing habitual residence to get help with housing
If you’ve moved or returned to the UK in the last 2 years, you usually have to show that you’re ‘habitually resident’ to get:
- help from your local council with social housing
- somewhere to stay if you’re homeless
You’re habitually resident if your main home is in the UK, Ireland, Channel Islands or Isle of Man.
You have to show you’re habitually resident even if you’re a British Citizen.
If you have pre-settled status or you’re waiting for a decision from the EU Settlement Scheme
You don’t need to show you’re habitually resident if you have a right to reside because:
- you’re a worker - this includes if you’ve retained worker status
- you’re a self-employed person - this includes if you’ve retained self-employed status
- you’re the family member of a worker or self-employed person
- you’ve retired - or you’re the family member of someone who retired
- you've had to permanently stop working because of illness or an accident at work - or you’re the family member of someone in that situation
You still have to show you’re habitually resident if you have another type of right to reside, for example a permanent right to reside based on 5 years in the UK.
If you’re not sure what type of right to reside you have, you can check the rules about the right to reside for housing.
If you’re from Ukraine
You don’t need to show you’re habitually resident if all of the following apply:
- you were living in Ukraine immediately before 1 January 2022
- you left Ukraine because of the invasion
- it doesn’t say ‘no public funds’ or ‘no recourse to public funds’ on your immigration documents
If you’re from Afghanistan
You don’t need to show you’re habitually resident if you came to the UK through one of these schemes at any time:
- the Afghan Relocations and Assistance Policy (ARAP)
- the Afghanistan Locally Employed Staff Ex-Gratia Scheme (ALES)
- the Afghan Citizens Resettlement Scheme (ACRS)
You also don’t need to show you’re habitually resident if all of the following apply:
- you came to the UK from Afghanistan because of the fall of the government on 15 August 2021
- you’ve been given ‘leave to remain’
- it doesn’t say ‘no public funds’ on your immigration papers
Talk to an adviser if you have a sponsor, or if you’re not sure about your immigration status.
Your local council might ask you to prove your immigration status. You’ll need to show one of the following:
-
a document showing you’ve come to the UK through one of the schemes
-
a stamp or visa in your passport
-
a letter from the Home Office that shows when you arrived and why
If you’re from Sudan
You don’t need to show you’re habitually resident if all of the following apply:
- you were living in Sudan immediately before 15 April 2023
- you left Sudan because of the violence there
- it doesn’t say ‘no public funds’ or ‘no recourse to public funds’ on your immigration documents
Talk to an adviser if you have a sponsor, or if you’re not sure about your immigration status.
If you've come from Israel, the Occupied Palestinian Territories, the Golan Heights or Lebanon
You don't need to show you're habitually resident if all of the following apply:
- you were living in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, or Lebanon immediately before 7th October 2023
- you left these areas because of the attack in Israel by Hamas on 7th October 2023 or the violence following this attack
- you've been given 'leave to remain'
- it doesn't say 'no public funds' or 'no recourse to public funds' on your immigration documents
If you have refugee status or humanitarian protection
You don’t need to show you’re habitually resident.
Passing the habitual residence test
If you arrived in the UK less than 2 years ago and apply for help with housing, you’ll usually need to show:
- your main home is in the UK, Ireland, Channel Islands or Isle of Man
- you plan to stay - this is known as being 'habitually resident'
If you return to live in the UK, Ireland, Channel Islands or Isle of Man after spending time abroad but were habitually resident before that, you’ll be habitually resident immediately.
To decide if you're habitually resident, your local council will need to believe you plan to stay in the UK, not just visit. They’ll consider things like:
- where you intend to make your home
- if you’ll be working
- your ties to another country - like if your family lives abroad
- how often you return to the country where you lived before and why
- if you’re a member of local organisations - like clubs, gyms, social or community groups
- the length of your stay - this can be as little as 1 to 3 months
If you lived in the UK before you went abroad, this usually makes it easier to show you’re habitually resident now. You might never have stopped being habitually resident - it depends on your situation.
Evidence you'll need
You’ll need evidence to show:
- when you arrived in the UK, Ireland, Channel Islands or Isle of Man
- the UK, Ireland, Channel Islands or Isle of Man is your main home
It's best if you've got at least 2 documents to prove this. The documents can include:
- your travel ticket or boarding pass
- your wage slips or tax documents such as a P45 or P60
- a copy of your tenancy agreement in the UK, Ireland, Channel Islands or Isle of Man or proof that you’ve ended your tenancy in the country you’ve left
- bank or building society statements from the UK, Ireland, Channel Islands or Isle of Man
- proof that you've closed accounts in the country you've left - you don't need to close bank accounts, but it will strengthen your case
- bills or letters with your name and address in the UK, Ireland, Channel Islands or Isle of Man
- a letter or email from your child's school
If you’re refused help with housing because of habitual residence
You can challenge the decision. How you challenge a decision depends on if you made:
- a homelessness application
- an application to be rehoused through a waiting list
Your decision letter should say which type of application you made.
If you’re not sure which type of application you made, you should ask your local council. Their contact details should be on the decision letter.
Check how to challenge a decision about a homelessness application.
Check how to challenge a decision about being rehoused through a waiting list.