Refugees and others in the UK for protection - Refugee leave and other protection

Last reviewed 14 June 2023

Refugee leave and other protection

In most cases you will be able to claim benefits if you have refugee leave or other leave to be in the UK because the UK government has accepted it is not safe for you to be in the country where you used to live. Other rules may also apply to mean that you can get benefits sooner or in circumstances where you would not otherwise be able to be paid particular benefits.

If you have applied for asylum, but you have not yet had a final decision on your application, or the final decision was to refuse you all leave, this guide does not cover your situation - instead see our guide for Asylum Seekers.

If you do not know whether you have been granted leave to be in the UK, or you are not sure what leave you have, you need to get immigration advice before you claim any benefits, and before you are included in anyone else’s claim.  

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Refugees and others in the UK for protection - Can I claim benefits?

Last reviewed 19 June 2023

Can I claim benefits?

In most cases you will be able to claim benefits if you have refugee leave or other leave to be in the UK because the UK government has accepted it is not safe for you to be in the country where you used to live. Other rules may also apply to mean that you can get benefits sooner or in circumstances where you would not otherwise be able to be paid particular benefits.  

If you have applied for asylum, but you have not yet had a final decision on your application, or the final decision was to refuse you all leave, this guide does not cover your situation - instead see our guide for Asylum Seekers.

If you do not know whether you have been granted leave to be in the UK, or you are not sure what leave you have, you need to get immigration advice before you claim any benefits, and before you are included in anyone else’s claim. 

You are not a person subject to immigration control and can claim welfare benefits and tax credits if you have: 

  • Refugee leave 
  • Humanitarian protection 
  • Leave under one of the Afghan resettlement or relocation schemes  
  • Leave under the Ukraine Family Scheme or the Homes for Ukraine Scheme   
  • Leave outside the Immigration Rules, for example discretionary leave, unless your leave is subject to a ‘No Recourse to Public Funds’ condition (get immigration advice if you are not sure if your leave is subject to a ‘No Recourse to Public Funds’ condition).  

You still have to satisfy the other conditions for each benefit, unless specific exemptions to these rules apply.

If you have been working in the UK and have paid sufficient national insurance contributions you may be able to claim contributory benefits. There are no immigration status restrictions for these benefits. 

Being joined by a family member under family re-union rules 

If you have been granted refugee leave or humanitarian protection, you can be joined in the UK by certain family members under ‘family re-union’ rules.  A family member who joins you under these rules is not a ‘person subject to immigration control’ and can claim benefits that they are entitled to during their period of leave. The family member is also exempt from the past presence test and habitual residence test for disability and carer benefits. 

Get advice from the immigration adviser who helped you with your asylum claim, if you want to bring your family members to the UK. 

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Refugees and others in the UK for protection - Exemptions from some barriers to benefits

Last reviewed 19 June 2023

Exemptions from some barriers to benefits

Check through the information below to see if you are exempt from some of the benefit rules that would otherwise prevent or delay you claiming benefit. The groups that these exemptions apply to vary between the different benefits. 

Means-tested benefits  

The means-tested benefits that you may be able to make a new claim for are:  

You can claim these benefits straight away (because you are exempt from the habitual residence test for means-tested benefits) if you:  

  • Have refugee leave 
  • Have humanitarian protection 
  • Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
  • Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
  • Left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish
  • Have been granted leave outside the Immigration Rules - including Discretionary Leave 

Note: For council tax support, the groups exempt from the Habitual Residence Test are broadly the same as for housing benefit and are therefore broadly include those listed above. However, there are some slight differences and these vary between England, Wales and Scotland. If you are refused council tax support, get advice.  

You can use the Turn2us benefits calculator to check how much means tested benefits you may be entitled to. 

Disability and carer benefits  

If you need to claim one of these disability and carers benefits:  

You can claim these benefits straight away (because you are exempt from both the past presence test and the habitual residence test) if you: 

  • Have refugee leave  
  • Have humanitarian protection 
  • Have leave as the dependent family member of someone who has either refugee leave or humanitarian protection 
  • Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022, and you have leave in the UK or you are British or Irish  
  • Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK  
  • Left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish

Sure Start Maternity Grant and Best Start Grant  

If you have a child under 16 who became part of your family before you came to the UK, and you are now pregnant or have just had a baby or become responsible for a child under one year old, your older child does not prevent you from getting a Sure Start Maternity Grant or, if you are in Scotland, prevent you getting the higher rate of a Best Start Grant pregnancy and baby payment if you:  

  • Have refugee leave  
  • Have humanitarian protection 
  • Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022, and you have leave in the UK or you are British or Irish  
  • Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK  

Child benefit  

You can claim child benefit without needing to have been living in the UK for the past three months if you: 

  • Have refugee leave 
  • Have humanitarian protection 
  • Have been granted leave outside the Immigration Rules with no restriction on claiming public funds. 
  • Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
  • Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
  • Left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish

If you have very recently been granted refugee leave (not humanitarian protection or any other type of leave) you can claim Child Benefit and Guardian’s Allowance backdated to the date of your asylum application. 

To get the benefit backdated to the date you claimed asylum, you must claim Child Benefit (and Guardian’s Allowance if relevant) within three months of receiving the notification from the Home Office that you have been granted leave as a refugee.  If the Home Office notification is sent to your solicitor, you must claim Child Benefit (and Guardian’s Allowance if relevant) within three months of the date your solicitor receives the notification. 

Tax credits  

Claiming backdated tax credits as a refugee is complicated and only possible if you claimed asylum before February 2019. You should get advice, but do not delay making your claim as it must be made within one month of receiving the notification of your refugee leave. 

The only circumstances in which it is now possible to make a new claim for tax credits is if you claimed asylum before February 2019, and you have now been granted refugee leave, and you make your tax credits claim within one month of receiving the notification from the Home Office that you have been granted leave as a refugee. If the Home Office notification is sent to your solicitor, you must claim tax credits within one month of the date your solicitor receives the notification. To ensure that you make your claim within the one month you should make your claim by telephoning the Tax Credit Helpline (0345 300 3900) and keep a detailed record of the call date, time, who you spoke to. Then send a completed tax credits claim form to the tax credits office with a covering letter including the details of your telephone call.   

The amount of Tax Credits you receive is reduced by the amount of asylum support you have received for your ‘essential living needs’.  This means that your backdated Tax Credits can be cancelled out, if the amount of this asylum support is greater than your past entitlement to Tax Credits.  However if you did not receive any ‘essential living needs’ asylum support or the amount you received was less than your past entitlement to Tax Credits, you can be entitled to tax credits from the date you claimed asylum. 

Note as well as claiming tax credits for the past period you should also make a current claim for Universal Credit. 

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Refugees and others in the UK for protection - Other support

Other support

Grants 

Many grant-giving charities will help people who have refugee leave or have come to the UK seeking protection.  

To find out what help may be available based on your situation, circumstances and needs, you can use our Grants Search 

Refugee Integration Loan 

If you have recently been granted refugee leave or humanitarian protection, or you are a dependent of someone with either type of leave, and you are aged at least 18, you may be eligible for an integration loan. 

This has to be paid back but it is an interest-free loan. The smallest amount you can borrow is £100 and the maximum is £500 or £780 for a couple. 

You can apply for an integration loan to help cover the cost of the essential items needed to start a new life, for example a rent deposit or rent, moving expenses, household items, work clothes or equipment, or training and education expenses. Claims are made online and are decided by the Home Office

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Refugees and others in the UK for protection - Further information and advice

Last reviewed 14 June 2023

Further information and advice

The following organisations can provide further information and advice to refugees and others who have come to the UK for protection:

British Red Cross - a humanitarian charity helping refugees and asylum seekers.

Asylum Aid - a charity providing legal representation to vulnerable people seeking asylum in the UK.

Greater Manchester Immigration Aid Unit - an organisation providing advice, support and representation to people subject to immigration control.

The Joint Council for the Welfare of Immigrants (JCWI) - a charity providing legal advice, support and campaigning for justice in immigration, nationality and refugee law and policy. 

Migrant Legal Help - a charity supporting asylum seekers, refugees and victims of human trafficking and modern slavery.

The Refugee Council - a charity providing advice to refugees and people seeking asylum in the UK. 

Scottish Refugee Council - a charity providing advice and services to asylum seekers and refugees in Scotland. 

Welsh Refugee Council - a charity supporting asylum seekers and refugees in Wales.

Refugee Action - a charity providing advice and support to refugees and asylum seekers in the UK and campaigning for a fairer asylum system. 

If you need immigration advice ensure that you get the advice from someone who is either registered with OISC to give such advice or exempt from such registration. You can check the OISC website, which lists all advisers and advice organisations that are either OISC-registered or exempt from requiring such registration.

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