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.

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