There has been growing debate in Scotland about whether asylum seekers and refugees are being given priority for social housing, and whether Scottish housing legislation has contributed to this.
Asylum seekers are not entitled to homeless assistance; and refugees do not get special priority for homelessness assistance or social housing in Scotland.
The recent increase in refugee homelessness applications, partly driven by the UK Government fast-track asylum claim processing, has added pressure to some local housing systems, particularly in Glasgow and, to a lesser extent, Edinburgh. This also reflects wider pressures on Scotland’s homelessness and housing services.
This blog looks in more detail at what the legislation says and what the available statistics show.
Asylum seekers are not entitled to homelessness assistance in Scotland
Asylum seekers are people who have applied for international protection because they fear persecution, conflict or serious harm in their country of origin and are awaiting a decision on that claim.
Immigration and asylum are reserved matters under the Scotland Act 1998. The UK Government is responsible for the UK’s policy on asylum, including the process for applications and the provision of asylum support and accommodation.
Asylum seekers have limited entitlements while their claim is being considered and do not have an automatic right to work. They are not entitled to homelessness assistance.
Most asylum seekers are housed in asylum accommodation, managed by a contractor on behalf of the UK Government.
In 2025, there were 82,600 applications for asylum in the UK, relating to 101,900 individuals (multiple people can be included in a single application). The number of asylum applications has been high by historical standards in each of the last four years, with a record high of 104,800 in 2024. However, in the year ending June 2026, 85,891 people claimed asylum in the UK, 21% fewer than in the previous year.
At the end of June 2026, around 6,500 asylum seekers were being supported in Scotland, about roughly 7% of the UK total. More than half of these (3,983) were living in Glasgow.
Looking back at data since March 2014, the number of asylum seekers receiving support in Scotland has increased. However, figures show that the number of asylum seekers receiving support in Glasgow has been declining in recent years.
Source: Home Office, Immigration statistics year ending June 2026 Asy_D11: Asylum seekers in receipt of Home Office support by Local Authority 2014 Q1 to 2026 Q2 – pivot table
What happens once an asylum claim is decided?
Once an asylum seeker receives a positive decision and is granted refugee or leave to remain status, they must leave their Home Office asylum accommodation.
At this point a refugee becomes entitled to homelessness and housing support under devolved legislation. The laws on housing allocation and homelessness are mainly set out in the Housing (Scotland) Act 1987 as amended.
Do refugees get priority for social housing?
Scottish housing legislation (as set out in the 1987 Act) does not give refugees priority for social housing. Refugees who apply as homeless are assessed under the same rules as everyone else. They do not receive special treatment because they are refugees.
Following various media reports, this recently led the City of Edinburgh Council to clarify its position, stating:
- People who have been assessed and granted ‘Leave to Remain’ status by the Home Office have legal rights to services including access to housing and other public services. They are afforded the same process, support and respect as every other applicant.
- It is entirely false to say people in this position have been prioritised for housing.
- We provide advice and assistance to any individual or household who declares themself homeless and this can, but does not always, include the provision of accommodation.
Councils assess homeless applications in line with the legislation.
When a council finds that someone is homeless (or unintentionally homeless where intentionality has been considered), it has a legal duty to secure ‘settled’ accommodation. This usually means a permanent social housing tenancy, although some households might spend time in temporary accommodation first.
Prior to 2013, councils had to assess whether the applicant had a ‘priority need’ or not. However, the priority need test was abolished with the effect of widening entitlement to homelessness assistance. This particularly benefited single people, many of whom would not have previously been entitled to support. A form of ‘priority need’ still exists in homelessness legislation in England.
How are social homes allocated?
The 1987 Act also sets out the framework for housing allocations It requires social landlords to give “reasonable preference” to certain groups, including:
- people who are homeless or threatened with homelessness and who have unmet housing needs
- people living in unsatisfactory housing conditions and who have unmet housing needs
- social housing tenants who are under-occupying.
Being homeless is therefore one factor that can give someone priority for housing, but this applies to all homeless applicants, not just refugees.
In practice, there has been a growing proportion of social housing lets to homeless people, partly as a response to increasing pressures on the homelessness system and the housing emergency, declared by the Scottish Parliament in 2024.
In 2025/26, 46% of social housing lets made were to homeless households, compared to 45% in 2024/25 and 39% in 2021/22/22.
An increasing number of refugees have sought homelessness assistance
This has happened at the same time as wider pressures in the homelessness system across Scotland during the national housing emergency.
Together, these groups made up around 16% of homelessness applications in Scotland during this period and are the highest number and proportion in the series. About half of these applications were made in Glasgow and around one fifth were made in Edinburgh. Nationally, the number of applications from households across all other eligibility categories decreased
The chart below illustrates homeless applications by local authority in 2024-25 and the number of applicants who have been granted refugee status or leave to remain. Updated statistics for 2025-26 are expected later this month.
Source: Scottish Government homelessness statistics 2024-25, T1 and T2
The increasing number of refugees in the homelessness system has been driven partly by the UK Government’s fast-track asylum process. In November 2025, the UK Government set out reforms intended to reduce backlogs, strengthen decision‑making and increase removals, while maintaining a system described as fair and humane.
Pressures can be particularly acute at the point when individuals are granted refugee status and must move on from asylum accommodation within 28 days although support can continue for up to 42 days in practice.
This can increase demand for temporary accommodation. For example, Glasgow had just over 2,600 households with refugee/leave to remain status living in temporary accommodation at the end of September 2025, more than double the number two years earlier.
Glasgow City Council has noted the impact of costs on their homelessness services from the UK Government’s streamlined asylum process.
What are the ‘local connection’ rules?
Some media reports have also suggested that the suspension of the ‘local connection’ rules has increased pressure on homelessness services.
In November 2022, the local connection rules, which allowed councils to refer homeless people to another Scottish council, were suspended. In some circumstances, Scottish councils can still refer an applicant to another council in England or Wales.
These rules did not apply to asylum seekers because asylum seekers cannot access homelessness services. They also did not apply to refugees who had previously been living in asylum accommodation in Scotland. As a result, the suspension of local connection rules has not had a direct effect on refugees moving on from asylum accommodation in Scotland.
In practice, the local connection provision was used relatively infrequently prior to its suspension.
The latest statistics show that of the households assessed as homeless between April and September 2025, 87% had a local connection to the council where they applied, (4%) had a local connection to another Scottish council only and 1,420 (8%) had no known connection to any council in Scotland. Again, there are geographical variations, with Glasgow showing a relatively high proportion of applications (25%) with no known local connection to any council in Scotland.
Can social housing landlords prioritise housing for ‘locals’?
Social landlords can give some priority to people who already live in their area, but there are limits.
As outlined above, Scottish legislation requires that social landlords give ‘reasonable preference’ to certain categories of households. None of these categories are specifically related to people with a local connection to the area.
Outwith the reasonable preference categories, social landlords are allowed to give some priority to people who already live in their area. However, they cannot disadvantage applicants outside the area who have a recognised need or connection to move there. They must give the same level of priority as local residents to applicants who:
- work in the area or have a job offer there
- want to move there to find work
- need to be near a relative or carer
- have social or medical reasons for needing to live there
- are fleeing harassment or at risk of domestic abuse.
Any local preference must be clearly set out in the landlord’s allocations policy. The statutory guidance on allocations explains the position in more detail.
As the parliamentary session progresses, this issue is likely to be an ongoing matter of debate.
Kate Berry and Nicki Georghiou, Senior Researchers, SPICe