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CIH Scotland

Housing advisers


Advising Other European nationals

This page is for housing advisers. If you are a new arrival please click here for information more relevant to you.

This section looks at housing problems faced by other EEA nationals. These may be people who are in the UK as students or self-sufficient people or with a permanent right to reside or people who seem to have no rights to reside at all.

In Scotland, all EEA nationals who have a right to reside are eligible for a housing allocation and homelessness assistance from the local authority. However, some people with a right to reside may also need to be habitually resident in order to qualify for housing benefit.

What are the housing and housing benefit rights of other European nationals?

These rights are described in the page on other EEA nationals.

EEA nationals are often asked to provide proof of their entitlement to benefits and housing and this can prove difficult or impossible. In most cases, there is no requirement for EEA nationals to get residence permits proving that they have a right to reside, although these can be requested from the Home Office; such applications can take a long time and the Home Office charges a fee of £65. It is important to note that, in almost all cases, the status of an EEA national is a matter of fact, not documentation. Only extended family members (not the spouse, children, parents or grandparents) such as cohabitees and relatives needing care are required to get a permit. Non-EEA family members of EEA nationals are advised to get the relevant permits or cards to make it easier for them to prove their rights to reside.

Accession state nationals often applied for a residence permit once their 12 months on the Worker Authorisation Scheme (or previous Worker Registration Scheme) had been completed, because it made getting employment and exercising rights easier, if they had proof that they were ‘full’ EEA workers.

Problems with the permanent right to reside

Because there is no requirement for any residence permit to prove the permanent right to reside it is simply a matter of fact that the person has been in the UK for the relevant time.

There are several legal issues currently under consideration in UK and European courts about the right to reside. The main issue is that the UK regulations interpret the EU regulations as establishing the basic permanent right to reside after five years in the UK with the right to reside. The EU regulations refer only to 'residing legally' for the relevant period. Thus, an EEA national who had simply stayed in the UK exercising their right to freedom of movement but not having a specific right to reside for the whole period would automatically have the permanent right to reside after five years.

One issue has been resolved: the contention by the UK government that no time before the current UK regulations came into force in 2006 could count towards the permanent right to reside. The European courts have confirmed that time spent in the UK before 2006 does count towards the permanent right to reside. Time spent when the applicant was not an EEA national does not.  However, where a country has joined (acceded to) the EU, time spent before the accession can count if the person was legally doing something that would give them the right to reside if they were an EU citizen (e.g. working, self-employed). 

The five years required for permanent residence should be continuous under a right to reside, except that absences from the UK for up to six months in one year or longer for certain important reasons (e.g. military service, child birth, overseas posting) do not affect the continuity of residence (EEA Regulation 3(2)(c)). Periods of no more than 6 months in which there is no absence but the person has no right to reside may also not affect the continuity of residence, but the case law on this is less certain.

In Scotland, all EEA nationals who have a right to reside are eligible for housing allocation and homelessness assistance from the local authority. However, some people with a right to reside may also need to be habitually resident in order to qualify for housing benefit.

Problems with students

The requirement for students to have a right to reside is that the person

  • be enrolled at a course of study
  • has comprehensive medical insurance which is provided by
    • a European Health Insurance Card obtained in the home country plus a letter (called a statement of intent) confirming that s/he does do not intend to stay in the UK permanently or
    • private comprehensive sickness insurance
  • has signed a declaration that s/he is able to meet their living costs while studying and that declaration is true at the time of signing.

Problems occur when the student is no longer able to support him/herself. As long as the declaration was true at the time of signing and the student continues to study s/he continues to be regarded as a student, with the right to reside as such. In order to be eligible for benefits s/he must also be habitually resident and this can be a problem for students on short courses or who only stay temporarily in the UK to study. Other problems occur with access to HB (as for all students) and with whether a student (who may have a home elsewhere in Europe) is actually homeless.

Problems with self-sufficient people

EU nationals who are self-supporting have the right to reside in the UK. However, a request for homelessness assistance might suggest in some circumstances (inability to pay rent or find a deposit if accommodation is lost) that they are not in fact self-supporting and so affect their eligibility for housing benefit. Other circumstances that might involve homelessness (fire, domestic abuse, illegal eviction) are nothing to do with self-sufficiency and should cause no problems.

An application for an allocation of housing is no indication whatsoever of an inability to support oneself and should not cause any problems.

The definition of 'self-sufficient' is that the person has enough resources to avoid becoming an 'unreasonable burden' on the social assistance system of the state (EU Citizenship Directive 2004/38/EC art 7(1)(b). If a self-sufficient person becomes a burden on the social assistance system of the state (which is simply a way of describing means-tested benefits), they may lose the right to reside. UK benefit rules, however, prevent anyone becoming an 'unreasonable burden on the social assistance system', because they generally do not allow a claim for benefit in these circumstances. Generally, therefore, an EEA national who is not covered by the rules on other rights to reside can be regarded as a self-sufficient person, who thus has a right to reside. This is particularly important in relation to rough sleepers from EEA countries, including the accession countries, who have sometimes been threatened with expulsion from the UK on the grounds that they do not have or have lost the right to reside. A detailed briefing and FAQ on this issue has been prepared by the AIRE centre and is available from the Migrants' Rights Network.

Why are housing rights for EEA nationals different in Scotland?

In Scotland, the eligibility regulations, like the English regulations, are divided into

  • regulations for those 'not subject to immigration control' (including all EEA nationals with a right to reside) and
  • regulations for those 'subject to immigration control'.

The eligibility regulations for those not subject to immigration control do not distinguish between different types of right to reside. Any EEA national with a right to reside is eligible. The English eligibility regulations exclude people with the initial three-month right to reside and the jobseeker right to reside, and only allow students and self-sufficient people to be eligible if they are habitually resident. The housing benefit regulations are similar .

Background Topics

How can we improve housing for new migrants in the UK?

A Housing Practitioners' Guide to Integrating Asylum Seekers & Refugees

A Housing Practitioners Guide to Integrating Asylum Seekers and Refugees

Published by the Scottish Refugee Council with support from CIH Scotland

Chartered Institute of Housing Scotland