Who is entitled to council help
Eligibility is determined by s.185 Housing Act 1996 + Eligibility Regulations 2006. Refugees, HP, Ukraine Scheme, ARAP/ACRS — eligible immediately. ILR / EUSS settled / British — eligible after the habitual residence test. Asylum seekers — NOT eligible (use Section 95). NRPF — blocked, except DA survivors via MVDAC.
Full status table
| Status | Eligible? | Habitual residence test |
|---|---|---|
| Refugee leave (5-year) | ✅ Yes | Not required |
| Humanitarian Protection | ✅ Yes | Not required |
| ILR (settled) | ✅ Yes | Required (unless from refugee route) |
| Ukraine Scheme / UPE / Homes for Ukraine | ✅ Yes | Not required |
| ARAP / ACRS (Afghanistan) | ✅ Yes | Not required |
| EU Settled Status (EUSS) | ✅ Yes | Required |
| EU Pre-Settled Status | ⚠️ Depends | Need qualifying right to reside |
| British / Irish | ✅ Yes | Required |
| Asylum seeker | ❌ No | Section 95 from Home Office |
| Refused asylum (ARE) | ❌ No | Section 4 / FS Para 353 |
| NRPF (visa with condition) | ❌ No | Except MVDAC for DA |
| Visitor / overstayer | ❌ No | — |
What is the habitual residence test
The test checks that you have settled to live in the Common Travel Area (UK + Ireland + Channel Islands + Isle of Man) with intention to stay. Doesn't require a specific period, but typically expects 1-3 months to pass.
What to evidence: address and tenancy / sponsor letter, bank account, GP registration, children at school, job-seeking / employment, family relocation, applications for utilities (council tax, gas, electricity).
Exempt from the test: refugees, HP, Ukraine Scheme, ARAP/ACRS, returning UK nationals in some cases, EU workers/self-employed.
NRPF and DA — special route via MVDAC
You can apply for the Migrant Victims of Domestic Abuse Concession (MVDAC) — Home Office grants 3 months leave outside the rules + access to public funds + right to work. This unlocks council homeless help, Universal Credit, refuge access.
Within 3 months you must apply for ILR as Victim of Domestic Abuse (Appendix VDA) or another immigration route.
Help with the application:
- Rights of Women — rightsofwomen.org.uk
- Southall Black Sisters — southallblacksisters.org.uk
- Refuge — 0808 2000 247
Frequently asked questions
I have refugee status but I've only lived in the UK for 2 months. Am I eligible?
Yes. Refugees are exempt from the habitual residence test — eligible from the date refugee leave is granted. Same for HP, Ukraine Scheme, ARAP/ACRS.
I have pre-settled status and I work. Am I eligible?
Yes. Workers / self-employed under EU retained law have a qualifying right to reside and don't take the habitual residence test. Eligible immediately.
I'm an overstayer (visa expired). What can I do?
Not eligible for council help. But if you are a domestic abuse survivor, look into MVDAC (gives 3 months leave + public funds). With children — Social Services under s.17 Children Act 1989.
The council said «you're not our borough». Is that lawful?
No. Under s.183 Housing Act 1996, you can apply to any council in England. Local connection is a question AFTER acceptance, not at the door. File a written complaint.