Refugees
(and people with discretionary leave, humanitarian protection and exceptional leave)
Who are they?
Refugees are usually people subject to immigration control, so they need permission to enter or remain in the UK.
Refugees are those granted refugee status after an asylum application or through one of the government programmes to resettle refugees in the UK (such as the Gateway Programme).
Some people who apply for asylum are not given refugee status but may be given other forms of leave: exceptional leave to remain (not granted since 2003), humanitarian protection and discretionary leave.
Most of these types of leave are time limited and must be renewed. After five years they may also be changed to indefinite leave to remain (ILR). A refugee will keep his/her refugee status when they get indefinite leave to remain. But a refugee will lose their refugee status (but not ILR if they have it) if they return to their home country.
When anyone applies for leave to remain to be extended or changed to indefinite leave, they stay covered by their previous leave until they get a decision on the application, as long as they apply before their leave expires. This can take a long time.
What documents do they have?
Since 2004, all those granted leave after their asylum application are given an immigration status document. Copies of immigration status documents can be seen here.
They may have a letter from the Home Office confirming the grant of leave that confirms they can use local authority services (see leave letters for an example ).
Refugees may also have a travel document issued by the Home Office under the UN Refugee Convention, which serves as a passport (see refugee travel document).
Where people with limited leave have applied to renew or vary that leave, they will normally get a receipt for the application soon after it arrives at the Home Office.
When they get indefinite leave to remain (which can be some years after they get their first leave) they may get letters or stamps in their passports confirming this.
What are their housing rights?
Refugees and people with exceptional leave to remain, humanitarian protection and discretionary leave all have the right to an allocation from the council and to get help if they become homeless. They can also get accommodation from housing associations. This applies equally when they have limited or indefinite leave to remain and also when they are waiting for renewal of that leave, as long as they applied before the previous leave ran out. Further information about relevant regulations.
What about their family members?
The husband/wife/civil partner of a refugee and their children are covered by the refugee status as well, even if they have just arrived or not yet sorted out their status, as long as the relationship was in existence when the refugee left their home to seek asylum. So they are all eligible for housing and homelessness services.
The family members of people with other types of status are usually included in any asylum application and get leave in line with the applicant. If they arrive later, they must apply to stay through the asylum system, and will be asylum seekers until they get leave. 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.
Are there any particular problems?
Refugees and others with limited leave to remain often report discrimination against them by housing providers who refuse to deal with their applications until they have indefinite leave to remain, or refuse to house them while they are waiting for a renewal application to be approved. This may be unlawful discrimination and should be challenged.
The arrival of refugee family members can cause homelessness, and some housing providers do not understand that they do have the same housing rights as the refugee him/herself. This is because they have not understood the law and should, again, be challenged.
What are their rights to housing benefit (HB) and council tax benefit (CTB)?
Refugees and people with exceptional leave to remain, Humanitarian Protection and Discretionary Leave all have the right to HB/CTB.
This right applies equally when they have limited or indefinite leave to remain and also when they are waiting for renewal of that leave, as long as they applied before the previous leave ran out. Further information about relevant regulations.
What about their family members?
The husband/wife/civil partner and children of a refugee are covered by their refugee status. So they can all be included in the HB/CTB claim. Similar rules apply to the family members of former asylum seekers with other types of status.
Are there any particular problems?
Refugees and others with limited leave to remain often face delays whilst their claim for HB/CTB is processed. Their claim is dependent on them having applied for a national insurance number.
