The Asylum Support Regulations 2000 specify that once a person is granted refugee status or another type of leave, they will have at least 28 days before their asylum support ends, at which point their financial support will stop and they will have to leave their Home Office accommodation. This is often referred to as the ‘move on’ period.
In practice, councils have been informed by the Home Office that the following time periods will be followed:
If a person has received their BRP with less than 28 days until their support ends, has received a NTQ with less than 7 days before their support ends, or is missing either of these before their support is due to end, they should contact Migrant Help to request an extension at: positivemoveon@migranthelpuk.org.
There is more information about what to do when you receive a positive asylum decision on the Migrant Help website and the Home Office has a detailed guide for caseworkers.
Councils should be notified when a person in their area has been issued with a move on notice, either by email or via a shared data portal. Councils should contact their area’s Asylum Accomodation and Support Contract (AASC) provider or the Home Office if they are not receiving these notifications.
If a person has been granted refugee status or humanitarian protection they will be eligible for local authority homelessness support and benefits.
Section 95 support will be withdrawn if a person receives a negative decision on their asylum claim. They will be given notice that they have 21 days until their asylum support is terminated, and will receive a “Notice to Quit” at least 7 days before they are due to be evicted.
When a person’s asylum claim is rejected they will have 10 working days in which to lodge an appeal. Asylum support should be reinstated by the Home Office once an appeal is lodged.
When a person becomes Appeal Rights Exhausted (ARE) after their asylum application and subsequent appeals are unsuccessfully concluded, they may qualify for section 4 support.
If a person becomes ARE and there is a child under 18 in the household when the final decision was made by the Home Office or an immigration tribunal at appeal, the family will continue to receive section 95 support. Section 95 support will remain ongoing to a family whilst they have a child under 18, providing that they continue to qualify. Section 95 may be withdrawn from a family when the youngest child in the household turns 18.
Councils are not notified by accommodation providers when a person in their area has been issued termination of support notice on the basis that their asylum claim has been refused.
If a person is no longer entitled to Section 4 support, their support will be withdrawn. They will have 14 days to leave their accommodation and will receive a “Notice to Quit” at least 7 days before they are due to be evicted. The decision to end Section 4 support contains a right of appeal to the Asylum Support Tribunal.
People who have become ARE will have no recourse to public funds and will not be able to claim local authority housing assistance or benefits. See our information about support options for people with no recourse to public funds.
If asylum support is refused or withdrawn, there may be a right of appeal against this decision. The Asylum Support Appeals Project provides advice and assistance with appeals against refusals or withdrawals of asylum support.
If you are currently seeking aslyum in the UK and are in need of further support or advocacy you can see our information on help for people seeking asylum.
