For a returning British citizen, making a homelessness application is often considerably more difficult than many people expect. There is a common assumption that British citizenship alone entitles a person to emergency housing. That is incorrect. Citizenship is only one part of the statutory test.
In England, the process is governed principally by Part VII of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017).
The process generally works as follows:
- Arrival in the UK
The applicant returns to the UK and approaches the housing authority where they are homeless or threatened with homelessness.
Many authorities will ask:
- Where have you been living?
- Why have you returned?
- Do you intend to remain permanently?
- Do you have family or accommodation available?
If the applicant has nowhere to stay, they should make a formal homelessness application immediately.
- Initial inquiries
The authority must consider whether there is "reason to believe" the applicant may be:
- homeless;
- eligible for assistance; and
- in priority need.
If so, there is a duty under section 188 Housing Act 1996 to provide interim accommodation while inquiries continue. The threshold is deliberately low.
- Assessment
The authority investigates:
- eligibility;
- homelessness;
- priority need;
- intentional homelessness; and
- local connection.
If the applicant is eligible and homeless, the authority owes the relief duty under section 189B and must take reasonable steps to help secure accommodation.
The principal problems faced by returning British citizens are as follows.
1. Habitual residence
This is often the biggest obstacle.
Although British citizens are generally not persons subject to immigration control, authorities may investigate whether they have resumed habitual residence in the UK where that is relevant to related entitlement questions. Someone returning after many years abroad may need to demonstrate that they have genuinely re-established residence rather than making a temporary visit. The Code recognises that a person can resume a previous period of habitual residence, but this is a factual assessment.
Evidence may include:
- one-way travel;
- moving possessions;
- closing foreign accommodation;
- UK bank account;
- GP registration;
- National Insurance activity;
- employment search;
- family support.
2. Local connection
Many returning expatriates no longer have an obvious local connection.
The authority may ask:
- Where did you previously live?
- Do close family live here?
- Have you worked here?
- Why this authority?
However, a lack of local connection is not usually a reason to refuse to accept a homelessness application. It may instead lead to a referral to another authority if the statutory conditions are met.
3. Priority need
Single returning expatriates often encounter difficulty here.
Unless they fall within a priority need category (for example because of vulnerability, dependent children, pregnancy or another statutory ground), they may not be entitled to interim accommodation under section 188 or to the main housing duty.
Mental health conditions, age and physical disability can all be relevant, but evidence is essential.
4. Intentionally homeless
Authorities sometimes argue that the applicant deliberately made themselves homeless by:
- voluntarily leaving accommodation abroad;
- selling property overseas;
- resigning employment;
- choosing to return without accommodation.
These arguments are highly fact-specific and are often challengeable.
For example:
- Was remaining abroad reasonable?
- Was the foreign accommodation actually available?
- Was there domestic abuse?
- Was employment lost involuntarily?
- Were medical reasons involved?
5. Availability of accommodation overseas
Authorities sometimes ask whether accommodation abroad remains available.
If the applicant:
- still owns a property abroad;
- still has a tenancy abroad; or
- could reasonably return,
the authority may argue they are not homeless because accommodation remains available for occupation. That requires careful factual analysis; ownership alone does not automatically mean accommodation is available or reasonable to occupy.
6. Evidence
Returning expatriates frequently arrive with very little documentary evidence.
Authorities may request:
- passport;
- proof of return date;
- proof of previous residence abroad;
- evidence that overseas accommodation has ended;
- medical evidence;
- employment history;
- financial information.
Delays in obtaining these documents can slow the application considerably.
7. Benefits
Although separate from homelessness law, many returning expatriates also encounter issues with claiming benefits, particularly where they must establish residence or satisfy relevant residence conditions. This can make securing private rented accommodation difficult during the homelessness process.
From a litigation perspective, I would expect authorities to make errors in cases involving returning British citizens. Common grounds for challenge include:
- refusing to take a homelessness application at all;
- failing to provide section 188 accommodation despite having "reason to believe";
- misunderstanding the effect of British citizenship;
- making unlawful assumptions about intentional homelessness;
- failing to investigate vulnerability properly;
- failing to consider whether overseas accommodation is actually available or reasonable to occupy;
- inadequate inquiries into local connection before attempting a referral.