Introduction
Are you struggling to understand the concept of “habitual residence” and how it affects your access to housing support in the UK? This guide will help clarify what habitual residence means, who needs to prove it, and how you can navigate the process smoothly. If you need further assistance, Contend’s highly trained AI legal experts are here to help you understand your rights and resolve any legal issues you may face. With Contend, accessing legal help has never been easier in the UK.
If you’ve recently moved to the UK or returned after living abroad, you may need to prove that you are “habitually resident” to access housing support from your local council. This is especially important if you’re seeking social housing or assistance when facing homelessness.
What Does Habitually Resident Mean?
Being habitually resident means that the UK, Ireland, Channel Islands, or Isle of Man is your main home. This applies to everyone, including British citizens, who have moved back to the UK within the last two years.
Who Doesn’t Need to Prove Habitual Residence?
There are certain groups of people who do not need to demonstrate habitual residence:
- EU Citizens with Pre-Settled Status: If you have pre-settled status or are waiting for a decision from the EU Settlement Scheme, you don’t need to prove habitual residence if you have a right to reside as:
- A worker or self-employed person
- A family member of a worker or self-employed person
- A retiree or their family member
- Someone who had to stop working due to illness or an accident at work, or their family member.
- Ukrainians: If you were living in Ukraine before January 1, 2022, left because of the invasion, and your immigration documents do not include “no public funds,” you can access housing help without proving habitual residence.
- Afghans: Similar rules apply if you came to the UK through specific government schemes or because of the fall of the Afghan government on August 15, 2021, and have been granted leave to remain.
- Sudanese: If you lived in Sudan before April 15, 2023, left due to violence, and your documents do not indicate “no public funds,” you’re exempt from showing habitual residence.
- Individuals from Israel and Surrounding Areas: If you were living in Israel, the Occupied Palestinian Territories, or Lebanon before October 7, 2023, and left due to the recent violence, you also do not need to prove habitual residence if you have leave to remain.
- Refugees and Those with Humanitarian Protection: If you have refugee status or humanitarian protection, you do not need to show you are habitually resident.
How to Prove Habitual Residence
If you do need to show that you are habitually resident, your local council will look for evidence that you plan to stay in the UK. They will consider factors such as:
- Your main home
- Employment plans
- Connections to other countries
- Membership in local organizations
- Length of stay in the UK
To support your case, gather at least two documents that show your arrival and that the UK is your main home. Examples include:
- Travel tickets or boarding passes
- Pay slips or tax documents
- Tenancy agreements or proof of ending tenancy elsewhere
- UK bank statements
- Utility bills with your name and UK address
What If You’re Denied Help?
If your application for housing support is denied due to habitual residence issues, you have the right to challenge the decision. The process to do this differs depending on whether you applied for homelessness assistance or to be rehoused from a waiting list. Your decision letter will provide guidance on how to proceed.
For more information on challenging decisions, you can reach out to your local council or visit their website.
Need More Help?
If you’re feeling overwhelmed or unsure about your immigration status or housing rights, consider speaking with an adviser or a legal expert. They can provide guidance tailored to your situation and help you navigate the process more smoothly.
For further assistance, you can try Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.
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