People with
indefinite leave to remain
Are you someone with indefinite leave to remain?
People subject to immigration control may get indefinite leave to remain:
- when they get refugee status through a government sponsored programme
- after a period in the UK as a worker
- after a period as a refugee or person with humanitarian protection, discretionary leave or exceptional leave to remain
- after two years when they have arrived as the husband/wife/cohabitee/civil partner of a settled person or UK national
- on arrival if they have been sponsored with an undertaking by a relative to support and accommodate them
- outside the immigration rules, for example, through the Case Resolution process now being undertaken to clear the backlog of cases in the asylum system.
From April 2007, most people applying for indefinite leave to remain have to speak English to a required standard and pass a test of their knowledge of life in Britain.
What documents should you have?
People with indefinite leave to remain will usually have it stamped in their passport, granted via a letter from the UK Border Agency or shown on a certificate. Examples of these are the ILR certificate and indefinite leave stamps.
What are your housing rights?
People with indefinite leave have the right to an allocation from the council and to help if they are homeless, as long as two other conditions are met:
- They must be habitually resident (people who have lived in the UK for two years will be automatically habitually resident)
- They must not have had an undertaking to support and accommodate them signed by a relative within the last five years, although if all the people who have signed it are dead this will not apply. An undertaking is sometimes required where a person resident in the UK wants to bring an elderly dependent relative to live with them in the UK.
People with indefinite leave to remain can also apply for accommodation from housing associations. This applies to all of them including those who might not be able to meet the two conditions explained above. Further information about relevant regulations.
Are there any particular problems?
When husbands/wives/civil partners and children apply to join a family member with indefinite leave to remain, they are usually given two years limited leave to remain.
Until they are eligible themselves, they cannot confer priority need on a homeless applicant, but they can be included in any application to go on to the housing register. Any accommodation offered by the council, through a homeless application or the allocation scheme, must be suitable for the whole household.
What are your rights to housing benefit and council tax benefit?
People with indefinite leave are entitled to housing benefit and council tax benefit as long as two other conditions are met:
- They must be habitually resident (people who have lived in the UK for two years will normally be accepted as habitually resident)
- They must not have had an undertaking to support and accommodate them signed by a relative within the last five years, although if all the people who have signed it are dead this will not apply. An undertaking is sometimes required where a person resident in the UK wants to bring an elderly dependent relative to live with them in the UK.
Further information about relevant regulations.
Are there any particular problems?
If someone with indefinite leave brings a husband, wife, civil partner or cohabitee to join them, the spouse or partner will usually be given limited leave to remain. Further information on their rights to housing benefit and council tax benefit.