You can apply as homeless to any council in Scotland. You do not need to have a local connection to the area.

You cannot be forced to go to another Scottish council.

In some cases, the council can refer you to a council in England or Wales. They can only do this if you have a local connection there. You cannot be referred to Northern Ireland.

When the council can check if you have a local connection

Even if the council think you have no local connection, they must take a homeless application from you and offer you temporary accommodation while they look into your situation.

The council can only check whether you have a local connection to the area after they’ve decided that you're unintentionally homeless.

What local connection means

Local connection means that you or someone in your household:

• lives or has lived in the area

• has family in the area

• works in the area

• needs to stay in the area because of special circumstances – for example, to get specialist healthcare

You only need to meet one of these conditions to have a local connection.

Living in the area

The council should accept you have a local connection if you’ve lived in the area for at least:

• 6 months in the last 12 months

• 3 years in the last 5 years

They can decide to accept that you have a local connection even if you’ve lived there for less time.

Family in the area

You'll have a local connection to an area if you have family members living there. They usually must have lived in the area for at least 5 years to give you a local connection.

You do not need to be in contact with your family members for them to count.

Family members are:

• parents, including step parents

• children, including step children

• grandparents

• siblings

• aunts and uncles

• nephews and nieces

• married partner or civil partner

You do not need to be related by blood or through marriage or civil partnership if you and your family member had a parent-child relationship. The council should still consider this connection if:

• the person raised you as their child

• you raised the person as your child

Working in the area

Working includes part-time and self-employed work. It can also include temporary work.

Casual or occasional work may not count as a local connection.

The council should consider how often and for how long you've worked in the area.

When you can be referred to another council

The council cannot refer you to another council in Scotland unless you agree to it.

You could be referred to a council in England or Wales if both of these apply:

• you do not have a local connection to the council you’ve applied to

• you do have a local connection to a council in England or Wales

They must tell you in writing which council they’re referring you to and why they think you have a local connection there.

You should not be referred to another council just because you have family there.

The council cannot refer you to an area where you, or someone you live with, would be at risk of domestic abuse.

You cannot be referred to Northern Ireland.

If you've recently received refugee status

You do not automatically have a local connection to a council in England or Wales even if:

• you lived in Home Office accommodation there while your asylum application was processed

• you stayed in temporary accommodation there for a short time after you got leave to remain

If you stayed in England or Wales for a longer time after leaving Home Office accommodation, the council might say you have a local connection there.

When to get help from Shelter Scotland

You can appeal a homeless decision if you think it's wrong.

Call or chat with a Shelter Scotland adviser as soon as possible.

They'll help you work out if you have a strong case and what evidence you might need to get. They may be able to refer you for help to appeal the decision.

You can also try contacting your local Citizens Advice Bureau.

What happens if you’re referred to another council

You can stay in your temporary accommodation until the new council has accepted your case and offered you temporary accommodation there.

You should not have to start your homeless application again. The new council should accept the first council’s decision that you’re unintentionally homeless.