Advising people with indefinite leave to remain

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

This page covers the whole of the UK

Who does this page apply to?

Since the Brexit transition period ended on 1 January 2021, all non-British citizens—including citizens of EEA member states other than Ireland—must apply for permission to enter or remain in the UK. The rights described on this page apply to anyone who:

• is a non-EEA national with indefinite leave;
• is an EEA national who applied under the EU Settlement Scheme and has settled status;
• is an EEA national who first entered the UK on or after 1 January 2021 and has been granted indefinite leave, or
• is an EEA national who was granted indefinite leave before 1 January 2021 for another reason—for example, because they entered the UK before their country joined the EU.

This page explains common housing problems faced by people with indefinite leave, with references to relevant case law and regulations. Some long-term Commonwealth citizens do not need permission to enter the UK; see the law on immigration control.

What housing and benefit rights do people with indefinite leave to remain have?

A person with indefinite leave is eligible for a council housing allocation, homelessness assistance, and universal credit, state pension credit and/or housing benefit if:

• a relative has not signed an undertaking to support and accommodate them within the past five years, unless everyone who signed it has died; and
• they are habitually resident.

Indefinite leave to enter is granted to someone who applies from outside the UK. It provides the same rights as indefinite leave to remain or settled status, as reflected in the housing eligibility regulations (see eligible classes, Class C).

Armed forces personnel and indefinite leave to remain

Non-UK nationals are exempt from immigration control while serving in the armed forces. On discharge, they may apply for indefinite leave to remain—unless they became UK citizens during service, which is possible only after five years—if:

• they have served for four years, or
• they were discharged because of injuries sustained during operations.

Service leavers may apply up to 18 weeks before discharge. After discharge, they have 28 days to leave the UK or apply to regularise their stay. Those approaching discharge should obtain specialist immigration advice from an approved professional or IAA-registered adviser.

Family members living with the service leaver are normally included in the application for indefinite leave. Once the application is approved—often before service accommodation is lost—the former service member has the same rights as anyone else with indefinite leave. Armed forces service counts as time spent in the UK wherever it takes place, so people in this situation will be habitually resident.

People who have served in the armed forces, including those now granted indefinite leave, may receive the following support when applying to a local authority or (in Northern Ireland) the Housing Executive for housing:

• In England, councils must waive local residency requirements for veterans and give additional preference to those with urgent housing needs.
• In Scotland, councils cannot impose residency requirements as part of their local scheme and councils are reminded that current or former armed forces employment or residence, even for a short period, are sufficient to establish a local connection (Practice Guide, para 5.9). General guidance on veterans’ housing is also available.
• In Wales, councils cannot impose residency requirements and the Welsh Government’s national housing pathway for ex-service personnel advises authorities to consider veterans as a reasonable preference category in their local schemes.
• In Northern Ireland, veterans who are homeless but not owed the full housing duty receive 50 points under Rule 24(2)(e) of the Housing Executive’s Housing Selection Scheme. They may receive additional points for their housing conditions or other needs.

In Wales, former members of the armed forces (or their family members) who are homeless have a priority need for homelessness assistance. In England, a person who ‘is vulnerable as a result of having been a member of [the armed forces]’ also has a priority need.

What happens when a family member joins someone with indefinite leave to remain?

The spouse, civil partner and children of a person with indefinite leave (the ‘principal’) can apply to join them. They are usually granted limited leave to remain for two, 30-month periods before they can apply for settlement. How this affects the principal’s housing or benefit application depends on the type of assistance sought.

Homelessness applications

When a person with indefinite leave applies for homelessness assistance, the authority must disregard any ineligible household member—such as a family member with limited leave—when deciding whether the applicant is homeless or, in England, Wales or Northern Ireland, has a priority need (see example).

Applications for council or Housing Executive housing

A person with indefinite leave to remain can join a council or Housing Executive waiting list, but only eligible adults can be granted a joint tenancy. For details of how ineligible family members affect an application and its priority, see the law on housing eligibility.

Claims for universal credit, state pension credit and housing benefit

If a person with indefinite leave (the principal) claims UC or SPC for an ineligible partner, they receive only the single-person rate. This prevents the partner from breaching the conditions of their leave by receiving public funds. If the principal is of pension age and their partner is of working age, they should claim SPC and HB rather than UC, despite the general rule that mixed-age couples claim UC.

In any other case, the principal should seek immigration advice from an approved professional or IAA-registered adviser before claiming HB for a partner when they do not receive UC or SPC, or claiming UC, SPC or HB for an ineligible child. Any increase in the award counts as receiving public funds and may put the family member’s right to remain in the UK at risk. See also advising people with limited leave and the law on UC, HB and SPC.

What about ‘sponsored’ migrants who are subject to an undertaking?

A person with indefinite leave can apply to bring certain adult family members who need a high level of care to the UK. The person bringing them—the sponsor—must show that they can accommodate and support them and sign a legally binding undertaking to do so. The undertaking is recorded in the relevant immigration documents and usually prevents the sponsored person from qualifying for benefits or housing for five years. For the limited exceptions, see above.