Skip to main content

housing rights logoHousing rights information England & Wales

New Arrivals


People with indefinite leave to remain

This page is for new arrivals. If you are a housing adviser please click here for information more relevant to you.

Are you someone with indefinite leave to remain?

People subject to immigration control may get indefinite leave to remain:

  • 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 a period 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 as part of the Case Resolution process for people stuck in the asylum system).

What documents might you be asked for?

You have to show that you have indefinite leave to remain when applying for benefits or housing. You will have an immigration status document, a stamp or certificate in your passport, or a letter from the UKBA.

What are your rights to housing and benefits?

You have the right to apply for an allocation of housing from the council, to get help if you are homeless and to claim housing benefit to help pay your rent, as long as two other conditions apply:

  • You are habitually resident (people who have lived in the UK for two years will be automatically habitually resident).
  • You must not have had an undertaking to support and accommodate you 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 or other dependent relative to live with them in the UK.

You can also get accommodation from housing associations, even if you cannot meet the two conditions explained above, providing you are able to pay the rent.

Chartered Institute of Housing
BMENational

Background Topics

Chartered Institute of Housing