When a decision is made
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
This section explains what happens once the Home Office has made a decision on your asylum claim. You will probably have to move out of UKBA accommodation quite quickly, so you need to plan where you will live next.
What if my asylum claim was unsuccessful
If your asylum claim was unsuccessful, your asylum support will stop 21 days after you receive the decision (unless you appeal; see below). If you have a child or children under 18, or receive support from social services, you will continue to receive whatever support you are currently entitled to.
Can I appeal?
You can appeal against a negative asylum claim. You will keep receiving asylum support during the appeal, provided you make your appeal within ten working days of receiving the negative decision. Appeal rights can vary depending on your circumstances. A legal adviser should be able to help you on this. To find a legal adviser, contact Shelter's free housing advice helpline on 0808 800 4444. For general advice, contact the Refugee Council.
What if I can't go back to my country?
If your asylum claim has failed, you may be able to claim section 4 support (sometimes known as 'hard cases' support) if any of the following apply:
- You are taking all reasonable steps to leave the UK.
- You are unable to leave the UK because of a physical problem or medical reason (eg because of disability, illness, or you are in the late stages of pregnancy).
- You are unable to leave the UK because the UKBA believes there is no safe route available.
- You have applied for a judicial review of your asylum application and the court has given you permission to proceed with it.
- Accommodation is necessary to prevent a breach of your rights, within the meaning of the Human Rights Act 1998.
Under section 4 support, you could receive food and accommodation outside London (you may be moved from your UKBA accommodation) on a no-choice basis. Contact the Refugee Council Advice Line for advice on how to apply.
What if my asylum claim was successful and my asylum support has ended?
If a decision is made on your asylum application and you are given refugee status and indefinite leave to remain, your asylum support will stop 28 days after you receive the decision and you will be expected to leave your UKBA accommodation.
You will be entitled to apply for welfare benefits, including housing benefit. However, before applying for housing benefit, you have to find somewhere to live. Claim your benefits as soon as you can, because they often take a long time to process.
For further advice about housing, call Shelter’s national helpline on 0808 800 4444, or contact a local advice centre - use our directory to find one.
What if I become homeless?
If you don’t have anywhere to live, you can apply to the homelessness unit of your local council for help. The rules on what sort of help the council has to give you are complicated, and your rights will depend on your personal circumstances. At the very least, the council has to look into your situation and give you advice to help you find a home. Depending on your circumstances, you may also be entitled to accommodation.
You should get independent advice if the council refuses to help you. You may be able to challenge them.
Can I apply for council housing?
You will be eligible for council housing but will have to put your name on the waiting list, which may be very long. Permanent council housing is a good option, as council tenants have stronger rights and lower rents than most other tenants. However, there is a lot of competition for council housing, so there will usually be a long wait for an offer.
What if I have been granted humanitarian protection or discretionary leave and my asylum support has ended?
If a decision is made on your asylum application and you are given humanitarian protection or discretionary leave, your asylum support will stop 28 days after you receive the decision, and you will be expected to leave your UKBA accommodation. You will be entitled to apply for welfare benefits including housing benefit.
Benefits can often take a long time to process, so it is best to contact your local council to apply as homeless as soon as you receive your status letter.
For further advice about housing, contact a local advice centre - use our directory to find one.
Where can I get more information?
The housing rights information website for new arrivals provides more information about the rights and options you have if you have been granted refugee status, discretionary leave, indefinite leave, humanitarian protection, or exceptional leave.
The Refugee Council has produced an information pack for people who applied for asylum in the UK and have been granted permission to stay. It contains information about entitlements to housing, welfare benefits, how to apply for a travel document or opening a bank account.
