People with limited leave
Contents:
Who does this page apply to?
The rights described on this page apply to any person (including EEA nationals) who:
- has been granted limited leave, leave granted as a result of a sponsorship agreement or any other kind of leave that has a 'no public funds' condition; but
- if s/he has EU pre-settled status their rights to housing and benefits depend on their preserved EU rights. These are described on the pages for EEA workers, Other EEA nationals and EEA family members according to their circumstances.
Prior to 1 January 2021, EEA nationals could use their EU free movement rights to enter the UK and to access housing and benefits. After that date, EEA nationals who enter the UK for the first time must apply for leave.
Are you someone with limited leave?
People who are subject to immigration control may get permission (or 'limited leave') to enter or remain in the UK:
- to work (normally with a work permit)
- to study
- to join family members
- to visit; or
- as part of a special government programme to assist people without British citizenship (including other British nationals) during a crisis (political, humanitarian, natural disaster, etc). For example, British Overseas nationals from Hong Kong due to the 2020 national security legislation.
Many of those who arrive as workers and family members eventually get indefinite leave to remain. Refugees, people who claim asylum, arrive on special settlement programmes or who are recognised as being stateless have different rights, explained here.
You may have additional rights to live, work and access housing or benefits other than as described on this page, if you are the partner or parent of a British citizen or a family member of an EEA national.
What documents might you be asked for?
You may be asked to prove that you are legally in the UK, and can do this by showing the relevant immigration status document.
What are your rights to housing and benefits?
Unless you are a refugee, or have been given leave that does not have a ‘no public funds’ condition by special rules, if you have limited leave you will not usually have the right to join your local council's housing waiting list, or to apply to them as homeless. Once you get indefinite leave to remain you will usually become eligible.
For example, the special rules include British nationals from Hong Kong who can apply to get their 'no public funds' condition lifted; for the full list see eligible classes.
If you have limited leave you cannot usually get universal credit or housing benefit unless:
- you are a refugee
- you have been given leave with recourse to public funds via special rules which includes:
- you were resident in Sudan before 15 April 2023 and have been granted leave without a sponsor and with access to public funds
- you were resident in Israel, Palestine or Lebanon before 7 October 2023 and left due to the escalating violence and have been granted leave without a sponsor and with access to public funds
- you are from Ukraine and have been granted leave under the Ukraine Family Scheme, Ukraine Sponsorship Scheme, or the Ukraine Extension Scheme
- you are from Afghanistan and have been given protection as person at risk under the Afghan Citizens Resettlement Scheme (ACRS), or because you were formerly employed as support staff to the UK armed forces under the Afghan Relocations and Assistance Policy (ARAP)
- you are a British National (Overseas) from Hong Kong who has successfully applied to get your 'no public funds' condition lifted
- you have been given temporary permission to stay as a victim or survivor of human trafficking or slavery; or
- you are a stateless person who has been granted leave for that reason.
- you are the partner of a British citizen or other settled person and you have to leave them due to domestic violence: you can apply to get access to UC/HB for up to three months (the ‘domestic violence concession’), to allow you time to apply for indefinite leave
- you are the spouse or former spouse of British citizen or settled person who was deliberately abandoned by them overseas and you have been given permission to re-enter the UK for that reason
- you are a citizen of certain European
countries and you are habitually resident: you can get
help pay your rent and council tax (even if your leave has a ‘no public funds’ condition) but only
if:
- you claimed HB before 3 May 2022; or
- you claimed UC before 1 January 2021.
Everyone has the right to get free advice and information from their local council (or an organisation they have commissioned to provide it) to help them if they are homeless or threatened with homelessness within 56 days. This advice must, in particular, meet the needs of anyone who is or was released from prison or youth detention accommodation, a care leaver, a former member of the regular armed forces, a victim of domestic abuse, leaving hospital, suffering from a mental illness or impairment, and from any other group that the authority identify as being at particular risk of homelessness in their district.
You can apply for accommodation to a housing association, but if your stay in the UK is very short (as a visitor for example) you may be refused as housing associations generally aim to house only those intending to stay in the area for some time. You will also have to show how you will pay your rent.
You can apply for accommodation from a private landlord but if you live in England where 'right to rent' checks apply you will have to show the landlord the documents showing that you have limited leave. You will need to do this before you get the tenancy, and the landlord will check later that your leave has been extended, before renewing the tenancy.
