Refugee status and local connection rules in Scotland

If you have recently got refugee status and are homeless, you can make a homeless application to any council in Scotland.

You do not need to have a local connection to the area. They cannot send you to another Scottish council.

However, the council you choose may check whether you have a local connection to an area in England or Wales. If you do, they can refer you there.

What local connection means

You may have a local connection to an area in Scotland, England or Wales if you, or someone in your household, either:

• lives or has lived in the area

• has got family in the area

• works in the area

• needs to stay in the area for a special reason – for example, to get specialist healthcare

The time you spend in an area during your asylum claim does not count as a local connection.

Check our advice on getting a local connection decision.

When the council cannot refer you to England or Wales

The Scottish council you apply to cannot refer you to England or Wales if either of these apply:

• you have a local connection to Scotland or the Scottish local authority you applied to

• you or someone in your household would be at risk of domestic abuse

When your application can be referred to England or Wales

Your homeless application can only be referred to England or Wales if both of these apply:

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

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

If you lived in one council or local authority area of England or Wales for 6 months, you might have a local connection.

This only counts if you were living there for 6 months after you got refugee status.

The council can refer you back to that area, even if you do not want to be referred back.

This means the council in England or Wales will give you homeless help in the area you have a local connection.

You can ask the Scottish council to review its decision if you think it is wrong. You must request a review within 21 days of receiving your decision in writing.

What happens when your application is referred

The Scottish council must:

• tell you in writing where you are being referred to, and explain why you have a local connection there

• let you stay in temporary accommodation until the outcome of the referral is decided

The new council cannot change the Scottish council's decision on your homeless application. You do not need to apply as homeless again. They must accept your unintentionally homeless decision.

Housing law is different between Scotland and England or Wales.

When to get help from Shelter Scotland

Call our free helpline or chat with an adviser if:

• you want to review a Scottish council's decision on your local connection

• you need advice on what evidence you need

There are other organisations that can also give you advice, such as:

• your local Citizens Advice Bureau

• the Scottish Refugee Council

More information on making a homeless application

Check your rights when:

• making a homeless application in Scotland

• getting temporary accommodation in Scotland

• reviewing a Scottish council's decision on your homeless application