Difficulties Facing Newly Recognised Refugees In The ‘Move-On’ Period

2023 saw 62,336 individuals receive refugee status in the UK. This is triple the number of asylum-seekers granted refugee status in 2022¹. The UN Refugee Agency (UNCHR) predicted in their October 2024 report that the number is likely to increase significantly this year as the UK government continues to work on clearing the backlog of asylum claims².

When an asylum seeker is granted refugee status, they are faced with what is known as the ‘move on period’. Until recently, the ‘move on period’ was a 28-day timeframe in which the newly recognised refugee must transition from asylum support and housing to mainstream benefits and their own accommodation. Recently, this was set at 56 days. This period presents various complex administrative challenges, such as opening a bank account and applying for Universal Credit. This is compounded by issues such as errors with Biometric Residence Permits (BRPs), and delays in receiving crucial documents from the Home Office (HO) and accommodation providers³.

Refugees often face extreme difficulty in accessing private rental accommodation. This, in turn, places a strain on local authorities to provide housing against a backdrop of housing shortages across the UK. The current five-week delay in receiving Universal Credit risks asylum support ending before individuals are able to access the funds they need to support themselves and refugees being left without asylum support and without Universal Credit⁴.

Administrative Errors on the part of the Home Office

When someone receives a decision on their asylum claim, they get three letters: a ‘decision letter’, ‘discontinuation letter’ and a ‘notice to quit’ (NTQ). The first two are from the Home Office, usually delivered by post, and the latter is from the accommodation provider, usually delivered by hand. The decision letter confirms the outcome of the asylum claim, and the discontinuation letter and NTQ stipulate a date by which the person must leave their accommodation and financial support will end. They will also receive a BRP, which comes with a national insurance number and constitutes proof of status (the decision letter does not).

The HO must give at least 28 days’ notice that s95 support will be discontinued in a positive decision case (regs 2(2) and 2(2A) AS regs 2000), and 21 days’ notice in a negative decision case. Under s94(3) IA 1999, the 28 days’ notice period begins on day on which HO “notifies the claimant of his decision on the claim”.

The UNCHR report reveals that it is a common problem for newly recognised refugees to receive BRPs issued with errors, including incorrect names, dates of birth and country or origin. BRPs are often received late, or not at all, having been sent to the wrong address⁵.

Almost half of the refugees surveyed by the UNCHR did not receive a discontinuation letter within the 28 day move-on period (as it then was). The UNCHR notes that it is often issued late or not at all⁶. The discontinuation letter is critical in informing refugees when they will no longer receive asylum support and when they will need to obtain alternative accommodation. There are similar issues noted with the NTQ. A participant in UNCHR’s survey informed them that she only received her NTQ two and a half months after she received her BRP, and when it finally arrived, she was only given two days’ notice to vacate her accommodation⁷.

Strain on local authorities

The UNCHR also expressed concerns that many newly recognised refugees are left destitute and homeless due to failures on the part of the local authority.

Financial constraints create a significant barrier to refugees being able to access private housing, especially given many landlords are unwilling to rent to those in receipt of Universal Credit. Most refugees therefore require social housing. However, many refugees who reportedly informed their local authority they would require housing at the beginning of the 28-day period were told only to return only once effectively homeless. The UNCHR reports that a number of refugees found themselves unable to secure any accommodation, and had to resort to couch-surfing or became street homeless. Equally, many refugees who were given social housing found themselves in inadequate or uninhabitable conditions⁸. Whilst an increase in the ‘move-on period’ to 56 days may delay these difficulties, it is an issue that is anticipated to remain.

Report recommendations

The UNCHR recommended that the length of the move-on period should be reviewed to account for the key steps required and delays on the part of the Home Office. Whilst an increase in this period to 56 is welcomed, there still needs to be a coordinated approach between the Home Office, local authorities, the Department for Work and Pensions (DWP) that ensures local authorities are notified in advance of expected refugee grants to prepare adequately⁹.

While the effort from the government to clear the backlog is admirable, it is imperative that they consider the impact of this in relation to resources available to newly recognised refugees. The joined-up approach suggested by the UNCHR report is essential in ensuring that increased homelessness and poverty among refugees is mitigated, as they must be properly supported by their local authorities.

The ‘move on period’, be it 28 days or 56, is understandably one of anxiety and uncertainty for many newly recognised refugees, and the government must consider how best to adequately support them in the transition as current measures are inadequate.

Our Civil Liberties & Human Rights experts understand the significant challenges newly recognised refugees face during the 56-day ‘move-on’ period¹⁰. If you or someone you know is experiencing difficulties with housing, accessing benefits, or administrative delays with the Home Office, our expert lawyers are here to help. Contact our team on 0330 822 3451 today for compassionate and experienced legal advice.