Workers from outside Europe and others with limited leave
Who are they?
People who are subject to immigration control may get permission to enter or remain in the UK:
- to work
- to study
- to join family members
- to visit
- to live as refugees or people who need protection.
Many of those who arrive as workers and family members eventually get indefinite leave to remain.
What documents do they have?
Most people with limited leave have passports or travel documents or letters or documents from the UK Border Agency to confirm their immigration status. A selection of these are at leave stamps, work permit and work permit letter.
What are their housing rights?
Most people with limited leave are not eligible for housing allocation or homelessness services. Once they get indefinite leave to remain they will usually become eligible.
People with limited leave are not entitled to housing benefit except where they have been self-supporting and their funds have been temporarily disrupted, in which case they are entitled to housing benefit for up to six weeks. This exception applies despite any restrictions placed on their rights to enter the UK.
People with refugee status, humanitarian protection and discretionary leave have specific rights and entitlements.
Most people with limited leave can apply for accommodation to housing associations, but those who have very short stays in the UK (like visitors or some students) may be refused as housing associations generally aim to house only those intending to stay in the area for some time.
Further information about relevant regulations.
Are there any particular problems?
People with limited leave may find themselves homeless or in need of better housing. They are able to get housing from housing associations but may need other help in an emergency. In some circumstances they may be able to get help from social services if they have children or need social care because they are ill, elderly or disabled.
What are their rights to housing benefit (HB) /council tax benefit (CTB)?
Most people with limited leave are not eligible for HB/CTB but see below for the exceptions. Once they get indefinite leave to remain they will usually become entitled.
The following people with limited leave are entitled to HB/CTB (in spite of any condition on their terms of leave prohibiting access to public funds):
- People who are self-supporting but whose source of funds has been temporarily disrupted. In such cases they are entitled to HB/CTB for up to 42 days within any one period of leave provided there is a reasonable expectation that their funds will resume shortly
- Nationals of Croatia, Macedonia or Turkey provided they are also habitually resident
- Couples where only one member is subject to immigration control and the other is entitled to a passporting benefit (see below).
In addition, the following people who are subject to immigration control are also entitled to HB/CTB:
- People with refugee status, or who have been granted discretionary leave or humanitarian protection
- Certain people with indefinite leave to remain who are also habitually resident.
Further information about relevant regulations.
Are there any particular problems?
Someone with limited leave (and ineligible) may be married/partnered to or living with someone who would normally be eligible for HB/CTB. Only the eligible partner/spouse can apply for HB/CTB. Both partners/spouses must have or have applied for a national insurance number. Even then, benefit will only be paid if the eligible partner is entitled to:
- income support (IS)
- income-based jobseeker’s allowance (JSA)
- income-related employment and support allowance (ESA); or
- guarantee credit (GC)
and those benefits will only be paid at the rates applicable to a single person.