‘Undocumented migrants’ describes: people without a legal right to stay in the UK; people needing to establish their right; and those with a right but without documented proof. This includes refused asylum seekers who are considered to have no basis to stay in the UK, but are unable to return to their country of origin.
Should solutions to migrant homelessness be different to those for UK nationals?
As a service provider, we do not deny elements of our help to homeless people based on their nationality or their immigration status. Our experience is that migrant homeless people have the same goals as UK nationals. They want to find stable housing as soon as possible and are strongly motivated to work if they are not already doing so.
The ideal approach to solving migrant homelessness would be to disregard the ‘migrant’ status, and give people the same entitlement as UK nationals.
The difficulties migrant homeless people face, as well as homelessness itself, mostly centre upon the numerous ways statutory services are restricted or denied to them. These restrictions, as detailed in this chapter, are driven by a wider political agenda to reduce net migration to the UK. The unintended consequence is to seriously hamper efforts to resolve migrant homelessness when it happens.
This chapter focuses on the reforms necessary to ensure migrants can access help to prevent or resolve their homelessness on the same basis as UK nationals. These reforms should ensure they are not further disadvantaged by their different country or origin or immigration status. It is also important to recognise that migrants may have specific needs that a homeless person from the UK is less likely to have. For example, these can include language barriers and experience of trauma, particularly for people seeking asylum in the UK.
All other chapters of this plan assume that migrant homeless people can access the same solutions to homelessness as UK nationals.
During 2017 we undertook a range of consultations to gather up-to-date and relevant information about the causes, effects of, and solutions to migrant homelessness.
These consultations are outlined below.
Each of these exercises has informed the contents of this chapter. We are particularly grateful to expert colleagues at FEANTSA, the umbrella body for homelessness organisations across Europe, who attended consultation events and provided an international perspective.
This section gives an overview of the currently available data about the numbers of homeless migrants in the UK and their immigration status. Where available, trends in this data are also presented. Data from Crisis services across England, Scotland and Wales are also presented, particularly where official statistics relating to homelessness are missing.
Migrants clearly make up a significant proportion of the rough sleeping and wider homeless population across Britain, but there are significant gaps in data that are collected or published.
EEA nationals
There are detailed and reliable data available on the scale and trends of EEA nationals who have slept rough in London. There are also indications from other data sources for the rest of the country. In 2016/17, 39 per cent of people seen sleeping rough in London were EEA nationals – a total of 3,038 people. This has decreased over the past two years, from 46 per cent in 2015/16 (3,669 people) to 45 per cent in 2014/15 (3,359 people).
Table 12.1 EEA national rough sleepers in London
Number of EEA national rough sleepers (London)
SOURCE: CHAIN
In 2017 the rough sleeping count for England showed a six per cent increase in the number of non-UK rough sleepers from European Union (EU) countries, from 714 in 20164 to 760 in 2017.
These numbers are a snapshot figure indicating the number of people sleeping rough on a single night in autumn. They should be viewed with caution – much of the data is based on local authority estimates and not actual counts.
The number and proportion of new Crisis clients with EU/EEA citizenship has declined over the last three years. Although this trend is not consistent across all services, overall the percentage of new clients with EU/EEA citizenship has declined from 15 per cent in 2014/15 to ten per cent in 2016/17.
The numbers of EEA nationals applying for statutory homelessness services in England and Scotland is set out later in this chapter. No equivalent figures are available for Wales.
Research from the Joseph Rowntree Foundation examining the scale of destitution in the UK estimated that 139,145 migrant households experience destitution annually. Of these 33 per cent are EEA nationals.
The research only considered people in contact with voluntary sector services. It found that EEA nationals are less likely to report receiving financial or other help from charities than other migrant groups. This means that the research most likely underestimates the number of destitute EEA nationals in the UK.
Although not all destitute migrants will have experienced homelessness, their low level of income and difficulty meeting their basic needs make them extremely vulnerable to homelessness. A significant proportion of the EEA nationals surveyed for this research reported that they had slept rough in the past month or experienced other forms of homelessness, such as sofa surfing or staying in night shelters.
Asylum seekers and refugees
Comprehensive information about the numbers of asylum seekers and refugees who have experienced homelessness is not available. However, data are available for London through the CHAIN database, and estimates are also available nationally from third sector organisations providing support for asylum seekers and refugees.
In 2017, there were 26,350 applications for asylum to the UK. The number of applications has declined since they peaked in 2015 at 32,733 applications, following an upward trend from 2011 to 2015.
The Joseph Rowntree Foundation’s research into destitution found that the largest proportion of destitute migrants in the UK were current or former asylum seekers. This group accounted for 38 per cent of all destitute migrants. Of these, 36 per cent had leave to remain or refugee status, 41 per cent were awaiting a decision on their application and nine per cent had been refused asylum. A further 13 per cent were not clear about their status. This suggests that asylum seekers and newly recognised refugees are particularly at risk of homelessness.
Since 2014/15 the number of rough sleepers in London whose last settled base was asylum support accommodation (see table 12.2) has increased. This could include both newly recognised refugees and refused asylum seekers.
Similarly, the percentage of new Crisis clients who approached because they had nowhere to live after leaving asylum accommodation has increased from three per cent in 2014/15 to seven per cent in 2016/17 (see table 12.3).
Table 12.2 EEA national rough sleepers whose last settled base was asylum accommodation in London
Number of rough sleepers whose last settled base was asylum accommodation (London)
SOURCE: CHAIN
Data from voluntary organisations supporting refugees and asylum seekers indicates the numbers of asylum seekers and refugees who are struggling to meet their basic needs, and are at high risk of homelessness.
The British Red Cross is the largest third sector organisation providing support for refugees and asylum seekers in the UK. This support includes providing food vouchers, food parcels, second-hand clothes, bus passes and hardship funds. In 2015, the British Red Cross supported 9,138 asylum seekers, refused asylum seekers and refugees. Most people receiving this support were asylum seekers (53%) and a further 25 per cent had been granted some form of protection in the UK.
Table 12.3: Number of new Crisis clients who 'had nowhere to live after leaving asylum accommodation' (data for Crisis financial year July - June)
New clients who had nowhere to live after leaving asylum accommodation
Crisis Skylight London
Other Crisis Skylights across Britain
Total (GB, including London)
Source: Crisis
The UK-wide No Accommodation Network (NACCOM) has 50 members providing accommodation and support to destitute asylum seekers, refugees and migrants with no recourse to public funds. In 2016/17, NACCOM’s members provided accommodation for 824 refugees who faced significant obstacles to accessing mainstream housing after their asylum support accommodation ended.
Undocumented migrants
There are several reasons why migrants may lack the documents to prove their immigration status. It is not possible to definitively say how many undocumented migrants are in the UK or what proportion is homeless or have been so.
London School of Economics research estimates that at the end of 2007 the number of undocumented migrants in the UK, including children, was around 618,000. This was the central estimate of a range from 417,000 to 863,000, which highlights the uncertainty of this number. This figure is now out of date and a current estimate of the number of undocumented migrants in the UK could be very different.
Data from the rough sleeping count for England showed that the number of non-UK rough sleepers from outside the EU did not change between 2016 and 2017. A total of 194 non-UK and non-EU rough sleepers were counted in 2016 and 193 in 2017. Within this there was a slight increase in London, from 115 people in 2016 to 127 in 2017, and a corresponding decrease in the rest of England. These numbers should be viewed with caution as much of the data is based on local authority estimates.
In 2016/17, seven per cent of new Crisis clients reported no citizenship status. This has increased from five per cent in 2014/15. This means that clients reported that they do not have British or Irish citizenship; EU/EEA citizenship; a work permit; indefinite or exceptional leave to remain; or refugee status. This indicates that they may be undocumented migrants. Although it does not automatically infer this and there could be other reasons why individuals identify themselves in this way.
Table 12.4: Number of new Crisis clients with no citizenship status (data for Crisis financial year July - June)
New clients with no citizenship status
Crisis Skylight London
Other Crisis Skylights across Britain
Total (GB, including London)
Source: Crisis
We do not know how many refused asylum seekers are currently in the UK. Analysis of Home Office data, showing the number of asylum seekers refused asylum and not known to have left the country, estimated that there were approximately 400,000 refused asylum seekers living in the UK in 2015.
Asylum seekers who have exhausted all rights of appeal are likely to be the largest group of undocumented migrants experiencing destitution. Local studies have shown that refused asylum seekers are often destitute for long periods ranging from a number of months to several years.
The Joseph Rowntree Foundation’s research into destitution found that 29 per cent of destitute migrants in the UK were neither EEA nationals nor current or former asylum seekers. A significant minority of asylum seekers reported they were unsure of their status, or that their application had been refused. The research found migrants in these groups had the lowest income of all groups experiencing destitution.
They were also most likely to have recently experienced rough sleeping or other forms of homelessness. Data collected by organisations providing support for destitute migrants also helps indicate the number of undocumented migrants who are homeless or at high risk of homelessness.
In 2016/17, NACCOM’s members provided accommodation for 840 destitute refused asylum seekers who could not access asylum accommodation because they did not meet the very narrow criteria for support.
Data collected by organisations providing support for destitute migrants also helps indicate the number of undocumented migrants who are homeless or at high risk of homelessness. In 2016/17, NACCOM's members provided accommodation for 840 destitute refused asylum seekers who could now access asylum accommodation because they did not meet the very narrow criteria for support.
Table 12.5: Applications for homelessness assistance in Scotland
British citizens or EU-national (pre EU expansion in 2004) or Switzerland
Nationals of A8 countries or other countries to have joined the EU since 2004
Non-EEA nationals lawfully present in the UK
Not eligible for assistance
Source: Scottish government
In 2015, ten per cent of the 9,138 asylum seekers, refused asylum seekers and refugees supported by the British Red Cross were refused asylum seekers who had exhausted all appeals rights. This provides an indication of the potential level of need. However, it does not give a comprehensive picture as it does not include the support provided by smaller organisations, or those who do not seek help from voluntary organisations.
Nearly two-thirds of NACCOM members reported an increase in destitute people seeking support from their service in 2016/17. Collectively at least 1,118 destitute people were turned away from NACCOM members’ services in the same period. This is considered a highly conservative estimate, as not all members were recording this information.
Statutory homelessness
English local authority data show the number of non-UK nationals who applied for homelessness assistance and the number of applications that were accepted. This is broken down into A10 nationals,21 other EEA nationals and non-EEA nationals.
In 2016 in England, 20,640 foreign nationals applied for homelessness assistance; of these 10,920 applications were accepted. Of these acceptances, 2,350 applications were from A10 nationals, 2,960 applications were from other EEA nationals and 5,610 applications were from non-EEA nationals. Approximately one fifth (18%) of the total number of people accepted as statutory homeless in 2016 were migrants.
No equivalent data is available for Wales.
Data from Scotland (see table 12.5) shows a breakdown by local authority of applications for homelessness assistance of people who are:
12.4 Exploring the political context
Homelessness policy is a matter of devolved responsibility in each nation, but the Westminster Government has responsibility for immigration policy. There are no stated strategies for dealing with migrant homelessness at either level.
In a wider context, the Westminster Government’s immigration policy aims to reduce net migration to sustainable levels to address concerns about the pressures on housing, public services and wages.
A key part of the government’s strategy for achieving this involves creating a ‘hostile environment’ for migrants who they believe are not here legally. The policy was first mentioned by Theresa May, then Home Secretary, in 2012 when she stated: “The aim is to create here in Britain a really hostile environment for illegal migration.” This involved making it more difficult for irregular migrants to get work, housing and financial services – measures introduced through The Immigration Act (2014) and The Immigration Act (2016).
This approach to immigration reform and tackling irregular immigration has not considered the impact on either creating homelessness for migrants, or in holding back attempts to end homelessness for this group. The next section details the policies that have had an important impact.
12.5 Outlining policies relevant to homelessness
The following policy changes were identified by consultation participants as having a direct impact on migrant homelessness.
The Asylum and Immigration Act (1999)
This legislation created a new system of support arrangements for asylum seekers. It removed asylum seekers from the main benefits system and created a new safety net support system that is funded and administered by the Home Office.
Under section 95 of the Act, destitute asylum seekers can apply for accommodation and subsistence support. This support will continue for families if their asylum claim is unsuccessful and there is a child in the family under 18 years old when the asylum claim is finally determined. The Act allows for accommodation to be provided with no choice about location. Section 4 of the Act allows for the provision of support for refused asylum seekers in limited circumstances.
Five-year strategy for asylum and immigration, February (2005)
This strategy set out the government’s planned changes to comprehensively reform the immigration and asylum process. The stated aims were to build on existing policy success to strengthen border control, reduce asylum application levels and increase the number of removals of refused asylum seekers. The strategy included changes to the status granted to new refugees. As a result, refugees are no longer granted indefinite leave to remain. Instead they receive temporary leave, usually for five years.
The Legal Aid, Sentencing and Punishment of Offenders Act (2012)
This legislation made substantial cuts to the types of cases eligible for legal aid in England and Wales. As a result, legal aid is not available for the following areas of law:
- immigration status problems, except for: detention cases; application for leave to remain under the domestic violence rule; applications for leave by those identified as victims of trafficking, and many asylum cases and appeals
- advice on all welfare benefit matters, including advice on how to challenge unfair or wrong decisions or inaccurate assessments of personal circumstances made by the Department of Work and Pensions (DWP)
- housing cases, except where a person’s home is at immediate risk or where housing disrepair poses a serious threat to health.
In Scotland, all matters relating to immigration, nationality and asylum are eligible for legal aid.
The Housing Benefit (Habitual Residence) Amendment Regulations (2014)
This amended the Housing Benefit Regulations to restrict access to Housing Benefit for job-seeking EEA nationals who made a new claim for Housing Benefit on or after 1 April 2014.
Previously, if an EEA national was receiving income-based Job Seekers Allowance (JSA) they would also be entitled to Housing Benefit. Under the new regulations, EEA nationals engaged in ‘genuine and effective’ employment will continue to have the same right to Housing Benefit as UK nationals. They will be able to retain their worker status, and associated eligibility for Housing Benefit, for up to six months after they stop working.
EEA nationals who have not retained their worker status, for example because they have never worked in the UK, may be entitled to claim JSA for a limited period. However, they are no longer eligible for Housing Benefit.
The Immigration Act (2014)
The Immigration Act (2014) put in place measures intended to reduce irregular immigration and make it more difficult for irregular migrants to live and work in the UK. The legislation:
- reduced the number of decisions that can be appealed, replacing appeal rights in these cases by administrative review
- introduced the right to rent policy for England only. This prevents migrants who do not have leave to remain in the UK from renting in the private rented sector. It also places a duty on landlords to check if prospective tenants have a right to rent
- introduced a health surcharge that migrants seeking leave to enter or remain in the UK must pay to access NHS services
- prohibited banks and building societies from opening a current account for a person who is in the UK, but who does not have leave to enter or remain in the UK
- introduced new powers to check driving licence applicants’ immigration status before issuing a licence, and revoke licensing where immigrants are found to have overstayed in the UK.
The Immigration Act (2016)
The Immigration Act (2016) expanded some of the measures from The Immigration Act (2014) and introduced new measures to make the UK a less attractive place for irregular migrants. The legislation:
- introduced new measures aimed at enforcing labour market standards, and increased the civil and criminal penalties for employers who employ a person without the right to work
- made it a criminal offence for landlords to knowingly rent to a person disqualified from renting by their immigration status.
- gave landlords new powers to evict people who do not have a right to rent
- introduced new restrictions on driving in the UK or holding a current bank account for those without leave to enter or remain in the UK
- repealed section 4(1) of The Immigration and Asylum Act (1999) which had enabled detainees in immigration detention to apply for accommodation from the Secretary of State before their release from detention if they would otherwise be destitute upon release
- abolished the provision for support for refused asylum seekers under section 4(2) of The Immigration and Asylum Act (1999). This will be replaced with a new form of support called section 95A support with more limited eligibility criteria. It will not include a right of appeal if an application for support is refused. These provisions have not yet come into force.
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations (2017)
Regulations have been in place for several years to charge for some NHS services for persons who are not ordinarily resident in the UK. Patients who may not be eligible for free care include most short-term visitors, many undocumented migrants, and some asylum seekers whose claims have been refused. Charging was restricted to services provided in a hospital setting. In 2017 the regulations were amended to:
- extend NHS services that must be charged for to include: secondary care provided outside the hospital; and care provided by community health services, charities and community interest groups
- introduce up-front charging – NHS services providing chargeable care must secure payment for an estimated amount of care required before providing the service, unless the care is deemed immediately necessary or urgent.
These regulations only apply to England.
12.6 Examining the impact of these policies and proposed solutions
General policy impact
The policy to create a hostile environment for people in the UK without legal permission has serious consequences for migrants with unresolved immigration status, migrants with status and UK citizens. Although the hostile environment is aimed at people without valid leave to be in the UK, there are regular reports of people with a lawful right to be here being caught up in the system. These include UK and EU nationals and non- EU nationals with valid leave. The recent ‘Windrush’ scandal has brought to public attention the human impact of this approach.
One especially damaging aspect of the government’s hostile environment is the increase in secondary immigration control. This makes private citizens and public bodies – including banks, landlords and the NHS – responsible for immigration enforcement. It prevents people from accessing services that meet their basic needs.
This can be a cause of homelessness and destitution for migrants, for example because someone’s bank account is closed or they are evicted from a private rented sector property. It also makes it much more difficult for all homeless people to access the services they need to move out of homelessness. Charities and voluntary organisations have provided evidence to the Home Office showing increased homelessness and difficulties finding accommodation for people with complicated documentation as a result of the right to rent.
The complexity of the immigration system and application process makes it very difficult for people to navigate the system successfully without specialist legal support. The House of Commons Home Affairs Select Committee, in its recent immigration policy report, raised concerns about the system’s complexity and the complicated and sometimes apparently contradictory information provided online by the Home Office. The Law Commission is currently reviewing the immigration rules with the aim of redrafting them to be simpler and more accessible.
Even where people can get immigration advice, navigating this complex system successfully is likely to be a lengthy process. It can be extremely difficult without stable accommodation and funds to meet basic needs, such as food, clothing and travel to appointments.
The Home Office can take a long time to process and make decisions on immigration applications, and the scale of errors and delays in the immigration system is concerning. A significant proportion of immigration decisions are overturned on appeal, including a high number of asylum applications.
The Parliamentary and Health Service Ombudsman has identified problems with immigration casework, including procedural errors, delays and poor decision-making. The uphold rate for complaints to the ombudsman about the Home Office has increased steadily over the last three years.
A recent consultation exercise by the Strategic Alliance on Migrant Destitution found that destitute migrants may avoid organisations and authorities they fear might report them to the Home Office. Recent reports about homelessness charities’ links to immigration enforcement can also be expected to make migrants less likely to engage with homelessness services. This is out of fear that it will lead to detention and deportation.
Evidence to the Health Select Committee from Doctors of the World, National AIDs Trust and Voice of Domestic Workers shows that Home Office and NHS data sharing makes some migrants too frightened to access healthcare.
Evidence suggests Westminster Government policies aimed at creating a hostile environment for people in the UK without legal permission are making homeless migrants reluctant to approach homelessness services for support. Migrants must be able to trust that homelessness services will work with them to provide support and help them identify their options. This trust is vital so they can make informed decisions about what steps to take to resolve their homelessness.
Homelessness services should not be required to share information with the Home Office about people they are working with for immigration purposes. The exceptions should be information relating to serious crime, public safety or high risk individuals.
The impact of specific policies and recommendations for reform are set out in the following section.
Right to rent policy
Problem: The right to rent scheme was introduced in The Immigration Act (2014). It requires private landlords and letting agents to check that tenants have a right to rent for any tenancies starting after 1 February 2016. The scheme only applies to England.
New measures introduced in The Immigration Act (2016) mean that landlords and letting agents will now face criminal charges. They may get an unlimited fine or a prison sentence if they rent their property to someone who does not have the right to rent.
The evaluation of right to rent in Birmingham found that the scheme was causing homelessness and making it more difficult for people without documentation to access private rented accommodation.
Research carried out by the Joint Council for the Welfare of Immigrants found that foreign nationals are being discriminated against. Forty two per cent of landlords surveyed stated they were less likely to rent to people who do not have a British passport because they feared criminal sanctions if they made a mistake under the legislation. The Mayor of London stated his opposition to the policy in the draft London Housing Strategy based on evidence that it is discriminatory.
Solution: End the right to rent policy so landlords are no longer responsible for checking their tenants’ immigration status.
Impact: Ending the right to rent would remove the threat of criminal charges and fines for landlords who rent to migrants who have irregular status. This should make landlords more willing to rent properties to homeless people, migrants, people of black and minority ethnic backgrounds and people with less easily recognisable documentation.
There is no clear evidence that the scheme fulfils the government’s aims to encourage irregular migrants to leave the UK, or to effectively target rogue landlords who exploit migrants. An inspection of the scheme carried out by the Independent Chief Inspector of Borders and Immigration found it has ‘yet to demonstrate its worth as a tool to encourage immigration compliance’.
Responsibility for change: The Home Office is responsible for the right to rent policy.
Charging for NHS services
Problem: Regulations effective in August and October 2017 have increased the types of NHS-funded secondary healthcare that some categories of overseas visitors and migrants must pay for. These regulations apply to England only.
The regulations introduce charges for a wide range of community health services. These include community midwifery, some community mental health services and, under some circumstances, drug and alcohol services and specialist services for homeless people. Primary care services, including Accident and Emergency and GP services, remain not subject to charging.
Any organisation providing NHS-funded secondary healthcare is now legally required to make and recover charges from patients liable to charges. This means they must check every patient before they receive a service to determine whether they should pay for their care.
Patients who may not be eligible for free NHS-funded secondary healthcare include most short-term visitors, many undocumented migrants and some asylum seekers whose claims have been refused. Some vulnerable groups of migrants are exempt from charges, including asylum seekers, refused asylum seekers in receipt of support and victims of modern slavery.
Under the new regulations all non-urgent treatment has to be paid for up front. Non-urgent treatment is that which clinicians consider can wait until the patient is reasonably expected to leave the UK.
Studies show that one in five service users sampled who attended the Doctors of the World clinic were affected by health care charging. Of these, over one third were deterred from seeking healthcare and had delayed treatment. The reasons they gave included fears of incurring debt or fear of their details being shared with the Home Office. This was reported to have had significant negative effects on migrants’ physical, psychological and social well-being.
The application of the regulations will also affect people who have a legal right to reside in the UK, but may not have adequate documentation to prove their legal status, such as homeless people.
The Department of Health and Social Care is currently undertaking a review of the impact of the 2017 regulations.
Solution: We recommend that the new regulations are reversed.
If the regulations remain in place, then it is essential that guidance for healthcare providers clearly sets out a wide range of evidence that patients can provide to prove they have a right to access free healthcare. Acceptable evidence should include documentation from a homelessness organisation that can vouch for the person’s circumstances. This will help ensure that homeless people are not prevented from getting healthcare because they do not have the right documents.
The government should drop plans to extend charging into other healthcare services (Accident and Emergency and GP services).
Impact: This would ensure that vulnerable people are not denied access to healthcare or discouraged from seeking the healthcare they need due to a fear of being charged.
Responsibility for change: The Department of Health and Social Care is responsible for these regulations.
Access to bank accounts
Problem: The Immigration Act (2014) requires banks and building societies to carry out an immigration status check for any person opening a new current account.
The Immigration Act (2016) requires banks and building societies to carry out a status check of every current account holder against a Home Office supplied database. This includes details of people the Home Office regards as liable for removal or deportation because they are over-stayers, refused asylum seekers or they have evaded immigration enforcement.
A recent examination of current immigration measures by the Independent Chief Inspector of Borders and Immigration found that out of a sample of 169 cases on the database, ten per cent should never have been listed as ‘disqualified persons’. This is because they had leave to remain or an outstanding application or appeal.
Homeless people and newly recognised refugees already face significant barriers to opening bank accounts due to the identification and proof of address often required by banks. Banks must ask for proof of ID when someone is opening a bank account, for example a passport. If someone does not have the usual forms of ID, the bank may consider certain other documents. This could be a letter from a homelessness organisation that the person is receiving support from, or a letter from an employer.
However, banks do not have to accept these alternative forms of ID and homeless people often struggle to open a bank account. The situation is similar for newly recognised refugees. Both the Refugee Council and the All Party Parliamentary Group on Refugees have recently reported evidence of this.
Solution: The Financial Conduct Authority should issue new guidance to banks regarding the documentation that banks must accept as sufficient proof to allow someone to open an account. This should include documentation that is straightforward for homeless people to get, such as a letter from a homelessness organisation they are working with. It should also include information about the documentation that newly recognised refugees will have.
Impact: Clear and robust guidance for banks should help ensure that all banks will accept alternative forms of ID. This is so that homeless people and migrants with not easily recognisable immigration documents are not discriminated against and can open a bank account.
Responsibility for change: The Financial Conduct Authority is responsible for regulating the conduct of financial services and financial markets in the UK. Its remit includes ensuring consumers are protected from harm caused by bad conduct in the financial services industry. This can include being wrongly denied access to a basic bank account.
Improved data
An overview of available data collected by the Home Office and other statutory and voluntary services relating to EEA nationals, refugees and asylum seekers, and undocumented migrants is provided at the start of this chapter. This includes data from Crisis.
Problem: There is no comprehensive information about the number of migrants who have experienced homelessness or destitution. Although estimates have been made based on research and the limited data available, these are often incomplete or out of date.
Limited information is available about the number of homeless people who are detained in immigration detention and the number of people who are homeless when they are released.
Solution: The Home Office should collect data and make them publicly available, showing:
- the number of people who are homeless when granted refugee status
- the number of asylum seekers who have exhausted their appeal rights, but who remain in the UK without formal status or access to support
- the number of people who are homeless when entering immigration detention
- the number of people who report that they will be homeless if they are released from immigration detention.
This data should be linked in with the improved system for recording homelessness data recommended in Chapter 14 ‘Homelessness data’. This improved system would include comprehensive and standardised data from both statutory and non-statutory services that can track an individual’s journey within the homelessness system.
Impact: Processes for collecting and publishing new data could be introduced relatively quickly without changing legislation.
Better data is needed to understand the scale of migrant homelessness and the reasons why people are becoming homeless or experiencing destitution. This would ensure that appropriate services are available to protect people from homelessness or destitution and that support is available quickly if someone becomes so. This aligns with the proposals for reformed local authority strategies set out in earlier chapters.
Responsibility for change: The Home Office will be responsible for collecting and publishing this additional data. They will need to work with other relevant departments to ensure this is linked with homelessness data.
Immigration detention
Problem: Between 2,500 and 2,900 individuals are detained in immigration detention centres in the UK on any given day, and around 30,000 people will enter immigration detention annually. The largest group of immigration detainees are people who have sought asylum at some point during their immigration process. The immigration detainee population also includes foreign national offenders and EEA nationals. Most detainees are held for fewer than two months, however a small but consistent minority are held for more than six months. There is no time limit in immigration legislation for how long a person can be detained.
In 2016 just over half of people leaving detention remained in the UK. At the point of release, people are at high risk of homelessness and rough sleeping, particularly as most are released on immigration bail. This means they are not entitled to homelessness assistance or welfare benefits.
Data showing the number of people who are homeless when they are released from detention is not available. However, without access to benefits or knowledge of how to access asylum support many people released are likely to become homeless. Research from Amnesty International has found that release from detention is resulting in destitution and street homelessness. We also have experience of individuals being released to no fixed address when the Home Office has retained their documents. This leaves them with little option but to sleep rough.
Previously immigration detainees could apply for accommodation from the Home Office if they would be homeless on release. This is now only possible in exceptional circumstances. This has resulted in people being held in detention indefinitely without justification because they will not be granted bail without accommodation. It has also meant that people are released onto the streets, where they will almost certainly be forced into destitution.
Since 2015 the government has made efforts to return rough sleepers from the EEA to their home country. This includes people being supported by homelessness services and trying to find work and rebuild their lives. Very limited data is available detailing the scale or impact of this policy.
In 2016/17, 5,230 EEA nationals were removed from the country by the Home Office for not exercising or abusing their treaty rights. Of these, 276 people were returned from detention, a significant increase from 90 in 2015/16 and 27 in 2014/15. We do not know how many of these people were detained and deported because they were rough sleeping.
The Home Office has confirmed that 127 EEA nationals were removed from the UK under Operation Adoze between 1 November 2015 and 31 December 2015. Operation Adoze was one of two government operations to remove rough sleeping EEA nationals from the UK even if they were working or had permanent residence. The BBC reported that 698 homeless EU nationals were targeted and removed from the country between May 2016 and May 2017.
In December 2017, the High Court ruled that the Home Office policy designating rough sleeping as an abuse of EEA nationals’ right to free movement was unlawful and discriminatory. This means that EEA nationals who are rough sleeping should not be targeted by immigration enforcement teams. However, homeless migrants will continue to be at risk of detention if they have irregular status or do not have the documentation to prove their status. Because of this many are frightened of using services that can help them regularise their status and end their homelessness.
Solutions: Detention centres should be required to refer people to the local housing authority if they are at risk of homelessness when they are due for release. In England, this aligns with requirements introduced by The Homelessness Reduction Act (2017) for public services to refer people at risk of homelessness to the local housing authority. Emergency accommodation should be available for immigration detainees who would otherwise be homeless on release. This could be achieved by reinstating section 4(1) of The Immigration and Asylum Act (1999), which allowed immigration detainees to apply for accommodation from the Home Office if they would otherwise have nowhere to live when they were released from detention.
Impact In England, applying the duty to refer under The Homelessness Reduction Act (2017) to detention centres could be implemented quickly. This would mean that anyone at risk of homelessness on release would be referred to the local housing authority. They would be either supported by the authority under the prevention or relief duties, or provided with advice about appropriate support services.
Applying similar obligations in Wales and Scotland would take longer as the primary legislation is not in place to allow this. However, this could potentially be included as a condition in contracts for detention centres.
Reinstating emergency accommodation for immigration detainees may require legislation, and would therefore take longer to achieve. However, introducing an equivalent of the previous accommodation provisions should be relatively easy as the same processes could be reinstated.
Responsibility for change: The Home Office is primarily responsible for these changes. There will also be a role for the Ministry of Housing, Communities and Local Government (MHCLG) in England relating to extending the duty to refer to immigration detention centres.
Voluntary reconnection
Problem: Evidence suggests that many homeless migrants will be able to regularise their immigration status in the UK when they have access to appropriate immigration advice. However, in the current policy context there will always be some people who cannot regularise their status in the UK or access public funds.
This could include asylum seekers who have exhausted all rights of appeal or EEA nationals who are unable to find employment or are too ill to work. It could also affect migrants with leave to remain with a condition of no recourse to public funds. In some cases, people may decide that returning to their country of origin will be best for them. For others reconnection may not be possible or appropriate.
International reconnection involves supporting migrant homeless people to return to their country of origin. The evidence about what makes reconnections successful is explored further in Chapter 8 ‘Ending rough sleeping’. That chapter focuses on domestic reconnections, but the evidence is also relevant to international reconnections. The limited data available suggests that reconnection experiences and outcomes vary dramatically. Evidence from an international evidence review of ‘what works’ to end rough sleeping, found that reconnections are much more likely to be successful when the person has a meaningful connection to the area. Success is also more likely when the connecting authority ensures there is meaningful support at the destination before the person travels there.
Solution: Reconnections support should be available for migrants who are homeless or at risk of homelessness and who want to explore the option of returning to their country of origin. This should be provided as part of a range of options. These options should include access to immigration advice and information about the support available in the UK, ensuring people are supported to make an informed decision. Ultimately, it is an individual’s decision whether they wish to pursue reconnection.
The standards that should apply to domestic reconnections are set out in Chapter 8 of this plan. Many of these standards also apply to international reconnections. This includes the requirement that reconnections are voluntary and based on an individual’s choice.
A minimum level of support should also be provided by the connecting authority and be available in the recipient country. Collaboration with services in the country of origin, to which someone wishes to return, is important to help a connecting authority understand the support and accommodation options available.
Reconnections should only be supported when the connecting authority is confident this support is in place. Ongoing communication with services in the country to which the person is returning will help services to establish this and ensure they understand the longer-term outcomes for reconnected people.
Reconnections services should be required to collect and publish data on the reconnections they make. This should include reasons for reconnection, the level of support in place before reconnection and long-term outcomes for individual rough sleepers wherever possible.
Impact: An international reconnections service should ensure that migrants who want or need to return to their country of origin are properly supported to do so, and can access suitable accommodation and support in the country they are returning to. This service could be commissioned and made available across the UK relatively quickly as this would not require any legislative change.
Responsibility for change: Governments in England, Scotland and Wales.
Homelessness prevention
All migrants at risk of homelessness within 56 days should be able to access statutory support to help prevent their homelessness. Chapter 6 ‘Preventing homelessness’ sets out both the human and the financial cost of homelessness and considers the interventions needed to successfully prevent homelessness.
To ensure that homelessness is prevented for as many households as possible, we recommend that local housing authorities in all three nations have a statutory duty to prevent homelessness for all households who are at risk of becoming homeless within 56 days. This should include a mandated set of activities, such as enhanced housing advice, family mediation and tenancy sustainment support.
It is critical that this support to prevent homelessness is available to all households, regardless of their immigration status. It is particularly important that undocumented migrants and others who need to regularise their status in the UK can access prevention support.
This will require legal advice, often for a lengthy period, which is extremely difficult without access to stable accommodation. If they were able to access support to prevent their homelessness then many migrants could clarify their status in the UK or access support with a voluntary return to their country of origin.
Access to legal advice and support
Access to good quality immigration advice and legal support is essential to support migrants out of homelessness, as well as to prevent homelessness and destitution occurring in the first place. The importance of providing effective and timely advice was strongly emphasised throughout the extensive consultation we carried out to inform this plan.
Full-scale reform of the legal aid system is outside the scope of this report, but below are the key issues that do require attention. The Ministry of Justice should consider reforms to ensure that legal aid is available for the areas of law that will help to prevent or relieve homelessness for migrants. This includes immigration cases and early legal help for welfare benefits, debt, employment and housing advice in England and Wales.
The Legal Aid, Sentencing and Punishment of Offenders Act (2012) significantly reduced the types of cases that are eligible for legal aid in England and Wales. This means legal aid is no longer available for most non-asylum immigration cases.
Immigration law is complex and small mistakes or errors in applications lead to applications being returned or refused. Migrants may also face additional barriers, such as language barriers, not having a support network, and destitution, that make navigating this complex system more challenging. Without access to immigration advice, many migrants are left not knowing what their legal rights and entitlements are, or how to argue their cases.
The cuts to legal aid have also made it harder for people to access free legal advice, representation and other support from third sector organisations. Amnesty International has evidence to this effect. This, combined with increased demand, has made it harder for people to access the advice they need to resolve their immigration problems. Consequently it is much harder for migrants to move out of homelessness. While their immigration status remains unresolved they are unlikely to be able to work or access statutory support.
The Legal Aid, Sentencing and Punishment of Offenders Act (2012) also significantly reduced the legal aid available for early legal help in welfare benefits, debt, employment and housing cases in England and Wales. Since the Act came into force, legal aid for early legal help has decreased by more than 84 per cent. This makes it more difficult for people to get early advice and can result in minor problems getting worse. The risk of homelessness then increases as issues with debts, welfare benefits and rent arrears are left unresolved.
This can be particularly important for EEA nationals as the law relating to EEA nationals and benefit entitlement is complex. Incorrect decisions are unlikely to be successfully challenged without specialist advice. Losing entitlement to benefits can quickly lead to homelessness as it removes a vital safety net and is likely to leave people unable to keep up with their rent payments.
12.7 Solutions for different groups
This section details the particular difficulties of different migrant groups in avoiding or resolving homelessness. It contains recommendations for policy changes allowing each group to get the support they need.
EEA nationals
Citizens from the EEA have a right to reside in the UK for up to three months. After this they must show that they are exercising treaty rights. This could be through being a worker, a self-employed person, a self-sufficient person, a jobseeker, or a student. It could also be through being the family member of an EEA national exercising their treaty rights.
After someone has exercised their treaty rights in the UK continuously for five years they are entitled to ‘permanent right of residence’. In some circumstances, EEA nationals will get permanent residence in fewer than five years. This could be, for example, if they have to stop working permanently because of a work-related accident or illness, or are retiring.
Eligibility for welfare benefits and housing for EEA nationals and their family members can be complex. It is generally related to the basis on which the person is living in the UK, for example as a worker or a jobseeker. A number of additional restrictions to the benefit entitlements of EEA nationals were introduced in 2014. These changes limited their access to the UK labour market and to benefits. A summary of the main changes is provided below.
- New arrivals to the UK must be resident for at least three months before they are eligible for income-based JSA, Child Benefit or Child Tax Credit. This also affects British citizens returning to the UK.
- After they have been resident for three months EEA nationals can claim JSA for a further three months. EEA nationals already resident in the UK also have a right to reside as a jobseeker for three months. In both scenarios, an extended period of residence as a jobseeker will only be possible if they can provide compelling evidence that they have a genuine chance of finding work.
- EEA nationals who lose their job can retain their status as a worker with associated benefit entitlements for up to six months. They can only retain their status for longer than six months if they demonstrate they have actively sought work throughout the period and have a genuine chance of finding work.
- After the limited period, EEA nationals will be subject to a Genuine Prospect of Work assessment. This determines whether they have a genuine prospect of work on the basis of evidence they provide. A limited extension to JSA may be granted if they can provide evidence of a genuine chance of gaining employment.
- For an EEA national to have a right to reside as a worker or self-employed person, the work they do has to be ’genuine and effective’.
- EEA nationals who have a right to reside solely as a jobseeker will no longer be able to claim Housing Benefit. This does not affect EEA nationals who have a right to reside as a worker, and those who have retained their worker status but are no longer in work.
In June 2016, the UK made the decision to leave the EU. The decisions made as part of this ongoing process will affect the status of EEA nationals in the UK and their eligibility for welfare benefits and other support services. The government has confirmed that EU nationals who arrive in the UK before 29 March 2019 will need to apply for one of two types of status:
- settled status if they have already exercised treaty rights for five years or more
- temporary residence permit if they have exercised treaty rights for under five years.
We do not yet know in detail what the situation will be for those who arrive in the UK after 29 March 2019.
Problem: People who come to the UK to settle and work, but either lose employment or fail to find it, can be caught out by these rules and left unable to afford housing costs. This makes people homeless.
In 2014, the Social Security Advisory Committee (SSAC), an independent body that scrutinises new social security legislation, held a public consultation. It examined the potential impact of the changes to Housing Benefit entitlement for EEA nationals.
Every organisation that submitted evidence to the committee expected the removal of Housing Benefit to cause an increase in homelessness. Concerns were also raised that the changes could make it more difficult for EEA nationals to access private rented sector accommodation, even if they are in employment. This is because there is a real risk of the tenant losing income if they become unemployed.
The immediate removal of Housing Benefit directly undermines someone’s ability to find work again. It puts them in a position where they will be either homeless or at risk of homelessness, making it very difficult to focus on securing employment.
In England and Wales, EEA nationals with only a right to reside as a jobseeker are ineligible for statutory homelessness assistance beyond the advice and information that local authorities provide for all residents. In Scotland, all EEA nationals with a right to reside are eligible for a housing allocation and homelessness assistance from the local authority.
Restricted access to Housing Benefit means that EEA nationals with a right to reside in the UK can be entitled to homelessness assistance and temporary accommodation from their local authority, but they may have no means of paying for their accommodation. They can then accrue significant debts. This places a burden both on the person and on the local authority’s homelessness budget.
The complexity of the rules governing EEA nationals’ entitlement to benefits leads to individuals being wrongly denied benefits they are entitled to. It can also result in the rules being applied inconsistently across different public agencies. For example, there are a range of circumstances where an EEA national can retain their worker status after their employment ends. These are often misunderstood and lead to someone being incorrectly considered a jobseeker and losing their entitlement to Housing Benefit. The Citizens Advice Bureau has emphasised that where people are wrongly denied entitlements it is unlikely that they would be able to successfully challenge this without access to specialist advice.
Solutions
- EEA nationals with jobseeker status should be entitled to claim Housing Benefit.
- All EEA nationals with a right to reside should be eligible for statutory homelessness assistance in England and Wales, as is already the case in Scotland.
- Across Great Britain, EEA nationals with a right to reside who are homeless or threatened with homelessness should have a limited entitlement to benefits for six months. This would enable them to access accommodation and take steps to end their homelessness and establish their status. They could establish their status by gaining employment or providing the necessary documentation to prove that they have permanent residence in the UK. Alternatively, they could arrange to return to their country of origin if they cannot or do not want to remain in the UK.
- Every local authority and public agency that could assist EEA nationals should be issued with national guidance. This guidance should clarify links between the right to reside, entitlement to benefits and eligibility for homelessness assistance. It should also be tailored to each nation. Regular updates will be essential as the UK continues the process of leaving the EU, and the requirements and process for applying for the new types of status are confirmed.
- Assertive outreach should be provided for EEA nationals already rough sleeping. This is likely to require an emphasis on access to legal, benefits and employment support. This will be key to finding a long-term solution to a person’s homelessness and enabling them to access and maintain stable housing. This is because their homelessness may be the result of difficulty establishing and proving their status in the UK. Reconnection support should also be available for those who are considering returning to their home country.
Assertive outreach must not be confused with enforcement. It must avoid authoritarian or coercive approaches. Importantly, outreach services should rebuild and maintain the trust of EEA nationals, which is likely to have been eroded by outreach teams working jointly with immigration enforcement.
The model used by the Street Legal project could be extended or replicated for EEA nationals who are rough sleeping. Street Legal provides access to immigration advice and where possible accommodation, for homeless migrants in London who have unresolved immigration status and are from outside the EEA. The project is currently funded by the Big Lottery Foundation and delivered jointly by St Mungo’s, Praxis Community Projects and Refugee Action. A similar service has been piloted in Edinburgh through the StrEEt Aware project, which provided free, confidential legal advice to EEA nationals who are rough sleeping or at risk of it.
Impac:t Reinstating access to Housing Benefit for EEA nationals with jobseeker status is essential. It would reduce the risk of homelessness for EEA nationals who are searching for and have a good prospect of obtaining employment. It would also increase their chance of securing and maintaining employment, and reduce the risk of them becoming homeless in the future. This change could be enacted through regulations. It would have an immediate impact for homeless EEA nationals currently only eligible for JSA and who, as a result, struggle to access accommodation or employment.
Providing access to statutory homelessness assistance would ensure EEA nationals threatened with homelessness can access homelessness prevention support. Providing entitlement to benefits for a limited period allows people the time to make arrangements to support themselves and find a long-term solution to their housing issue. These changes could be made by amending regulations.
Targeted and personalised outreach for EEA nationals already sleeping rough will ensure that those who do not approach statutory homelessness services can get support to resolve their homelessness.
Responsibility for change: The DWP has responsibility for setting the eligibility criteria for welfare benefits.
The MHCLG has responsibility for determining who is eligible for statutory homelessness assistance in England and the Welsh Government has responsibility for this in Wales.
The Westminster Government has responsibility for issuing national guidance as this is likely to require input from a number of departments, including the Home Office, the DWP and the MHCLG.
The Westminster, Welsh and Scottish Governments have responsibility for addressing homelessness. So, they should take responsibility for supporting and funding an assertive outreach service to provide access to legal, benefits and employment support for EEA nationals.
Asylum seekers
Problem: Asylum seekers are particularly vulnerable to homelessness. This is because they are not generally permitted to work. Most are reliant on the financial support and accommodation provided by the Home Office while they wait for a decision on their application.
Asylum seekers can apply for financial support and accommodation under section 95 of The Asylum and Immigration Act (1999) if they are destitute. They can also apply for temporary support under section 98 of the Act if they need urgent support while waiting for a decision on their application for section 95 support. Administrative delays and mistakes can leave people who are entitled to support without any form of support for weeks at a time.
Research from Refugee Action found that applications for temporary support (section 98) were incorrectly refused on a regular basis. Fewer than half of the applications Refugee Action assisted with were granted on initial application. But after challenging the refusal and resubmitting applications 92 per cent were granted, often with no change in the applicant’s material situation.
Asylum seekers also experience delays in accessing accommodation and financial support under section 95. Refugee Action found that asylum seekers had to wait on average almost two months from applying for section 95 support to being accommodated. A significant proportion of decisions on applications for section 95 support are overturned on appeal. In the third quarter of 2017/18 the Asylum Support Appeals Project had appeals allowed on 69 per cent of the section 95 cases they assisted on. Research from Refugee Action found that delays and incorrect decisions on applications for asylum support are causing homelessness. They highlighted examples where this led to asylum seekers being forced to sleep rough or to remain in dangerous and unsuitable accommodation.
Solution: The government must take steps to address the high level of incorrect decisions currently being made on applications for asylum support. Errors and delays in decision making can mean people are left homeless and without support to meet their basic needs. Steps should include improving quality assurance and ensuring immigration case workers have sufficient training and capacity to make accurate and timely decisions in line with current policies and legislation.
Impact: Reducing errors and delays in decisions on asylum support applications would reduce the risk of people becoming homeless as a result of being wrongly denied support. This could be achieved relatively quickly as it does not require any legislative change.
Responsibility for change: The Home Office.
Refugees
Problem: Newly recognised refugees and other beneficiaries of international protection77 are at high risk of homelessness. When they are granted status they only have 28 days before Home Office provided asylum support is cut off. They are then forced to leave their asylum support accommodation.
This period is too short and does not give people the time they need to access financial support and housing. This is exacerbated by the delays many refugees experience in receiving the documents they need to be able to register for welfare support, open a bank account and access housing. The national roll out of Universal Credit also means that most recipients won’t receive any payments for at least five weeks. Consequently, people will inevitably experience a gap in support even if they are able to make an application at the very start of the 28 day move-on period. This is in stark contrast to the support provided for refugees who come to the UK through one of the government-led resettlement schemes. They are provided with accommodation and receive support to access services and find employment.
Solutions
- The 28 day move-on period should be extended to at least 56 days. This reflects the time it takes in reality for refugees to access accommodation and financial support, particularly as Universal Credit is rolled out nationally. This will help to ensure newly recognised refugees do not have a gap in their support. Extending the move-on period to 56 days would bring it in line with the period where households are considered threatened with homelessness under legislation in England and Wales. This would allow sufficient time for local authorities to work with a household to take steps to prevent their homelessness. Although there is no duty to prevent homelessness in Scottish homelessness legislation, extending the move-on period to 56 days allows local authorities more time to help households find stable accommodation, avoiding the need for temporary accommodation. This is unlikely to be achievable within the current 28 day move-on period. Newly recognised refugees may not be aware of the importance of approaching their local housing authority as soon as possible, or know how to go about doing this.
- Support should be available to help newly recognised refugees navigate the move-on period and access housing, education, employment and welfare benefits. This should include support to help with the costs of accessing private rented sector accommodation. Asylum seekers, financially supported by the Home Office, will have been unable to save for a deposit. This could be achieved through the use of a Critical Time Intervention approach. This is a ‘housing-led’ approach, which provides rapid access to housing, alongside intensive case management. The case management addresses the particular needs of people once they have security of accommodation. This approach has been proven to work to prevent homelessness across a variety of groups of people leaving state institutions. The evidence is explored in more detail in Chapter 6 ‘Preventing homelessness’.
- Asylum support accommodation providers should be required to refer newly recognised refugees, who are at risk of homelessness, to the local housing authority when they are given notice to leave their asylum support accommodation. In England, this would align with the requirements introduced by The Homelessness Reduction Act (2017) for public services to refer, with consent, people at risk of homelessness to the local housing authority
Impact: Increasing the length of the move-on period and providing a support system for newly recognised refugees should help to prevent, or at least significantly reduce the likelihood of, refugees becoming homeless immediately after they are granted refugee status.
Ensuring the providers of asylum support accommodation are subject to the duty to refer in England could be implemented quickly through reform of existing regulations. This could have a significant impact. It would mean that anyone leaving asylum accommodation who is at risk of homelessness will be referred to the local housing authority. The local authority will then have to support them under its prevention and relief duties. Applying similar obligations in Wales and Scotland will take longer.
Responsibility for change: The Home Office is responsible for asylum support. There will also be a role for the MHCLG in England relating to extending the duty to refer to providers of asylum support accommodation.
Undocumented migrants
Problem: Undocumented migrants are primarily people with an unresolved immigration status. Unresolved immigration status means: someone may have no legal right to stay in the UK, they may have a right but need to establish it, or they have a right but have lost the documents proving it. Undocumented migrants are at very high risk of homelessness as they do not have access to benefits and are not allowed to work.
Undocumented migrants sleeping rough or insecurely housed are more vulnerable to exploitation. It is not known how many undocumented migrants from outside the EEA are destitute and living in the UK. Accurate information about this group of migrants is very limited, but studies indicate that large numbers are likely to be refused asylum seekers.
Access to accommodation and support to meet basic needs are critical to prevent undocumented migrants from becoming or remaining destitute. This must be provided alongside specialist legal advice to help people to resolve their immigration status. This can often be a lengthy and difficult process, and will be made even harder if a person’s basic needs are not being met.
Cuts in legal funding and its scope in immigration cases mean that access to legal advice and support is very limited. Yet evidence suggests that many of the cases of undocumented migrants are resolvable. This is because they are the result of documents being lost, visas not being renewed, or bureaucratic failures that led to poor decisions being made. With legal support, people will often be able to get replacement documents or make a new application to establish their status. The Street Legal East pilot provided immigration advice for migrant rough sleepers in three East London boroughs. A total of 149 migrants were referred to the service and fewer than ten per cent of their cases were actually unsolvable. People whose cases cannot be solved have no option other than assisted voluntary return to their country of origin.
Partnerships between migrant support services and homelessness agencies that use migrant organisations’ expertise will be important to ensure that appropriate services are designed to end homelessness for this group. Working with community groups is also important. Undocumented migrants are a particularly difficult-to-reach group – they may be reluctant to engage with services for fear of being detained or removed. This makes it harder to ensure support is available to all those who need it.
Solutions
- Access to good immigration advice and legal aid will be critical to ending homelessness for undocumented migrants. Assertive outreach for undocumented migrants must provide both emergency accommodation and access to immigration advice.
- The government should provide short-term emergency accommodation for migrants who are homeless, or at imminent risk of becoming homeless. Access to immigration advice and legal support should be provided alongside this. This is vital in helping people to resolve their status and move into settled accommodation. This settled accommodation may be in this country or may be found through a supported return to someone’s country of origin where this is the preferred or only option. This could be achieved by providing support for organisations and groups that already effectively help destitute migrants access accommodation, give support to meet their basic needs and provide immigration advice. Examples include the following.
- Street Legal project – a partnership between St Mungo’s, Refugee Action and Praxis Community Projects. It operates across London to provide immigration advice and, where possible, accommodation for homeless migrants from outside the EEA.
- Accommodation leased from housing associations at a peppercorn rent to provide accommodation for destitute migrants.
- Night shelters that provide emergency accommodation for homeless people regardless of their immigration status, for example Shelter from the Storm in London.
- Hosting schemes, such as those provided by NACCOM members.
Impact
This support is critical in preventing undocumented migrants from becoming or remaining homeless. It will help ensure people have the stable base necessary to allow them to take steps to resolve their immigration status and move on into settled accommodation. Existing models of good practice highlighted above could be extended relatively quickly to have an immediate impact for destitute migrants.
Responsibility for change
The Westminster, Welsh and Scottish Governments are responsible for addressing homelessness. They should take responsibility for providing emergency accommodation for undocumented migrants who are homeless, or at imminent risk of becoming homeless.
Migrants with leave to remain with a condition of no recourse to public funds
Problem
Most migrants applying for leave in the UK are granted limited leave to remain subject to a condition of no recourse to public funds. They are also expected to live self-sufficiently in the UK. This leaves people vulnerable to homelessness if their circumstances change and they are no longer able to support themselves. Such vulnerability could be because of job loss, a relationship breakdown or another significant change in circumstances.
The All Party Parliamentary Group for Ending Homelessness found that local authorities are often not meeting their legal duty to support destitute families who have British children, but have no recourse to public funds. The courts have ruled that it is unlawful for local authorities to separate children from their families to avoid having to accommodate the whole family. However, there are still cases where people seeking help are told that the local authority would only be able to accommodate their children.
In most cases local authorities do not have any duty to assist adults without dependent children, who have no recourse to public funds and are homeless. Local authorities may have a duty to provide care and support through social services if the person has significant needs. However, there is no duty owed to adults who do not meet this criteria.
Solutions
- National governments should issue guidance for local authorities clearly setting out the duties they owe to migrant families and adults with no recourse to public funds. This should include clearly stating that local authorities’ duty towards British children with migrant parents extends to the whole household. It should clarify it is not acceptable to split the family by only accommodating the children.
- National governments should provide access to immigration advice and short-term emergency accommodation for migrants with no recourse to public funds. The solutions described to meet undocumented migrants’ needs must also be available to migrants who have leave to remain with a condition of no recourse to public funds.
Impact
National guidance would ensure local authorities are clear about their legal responsibilities and what they need to do to fulfil them. Guidance could be produced and issued quickly.
Responsibility for change
The MHCLG in England and the Scottish and Welsh Governments are responsible for issuing guidance to local authorities to clarify their legal duties.
The Westminster, Welsh and Scottish Governments are responsible for addressing homelessness. They should take responsibility for providing emergency accommodation for migrants with no recourse to public funds who are currently rough sleeping or are at high and imminent risk of doing so.
12.8 Conclusion
This chapter sets out a range of ways of how homelessness for migrants can be prevented, or stopped when it occurs. The complex web of rules and entitlements for different migrant groups has created myriad ways in which homelessness can occur. The recommendations for reform are focused where reliable evidence suggests they will make a positive difference.
Underlying these recommendations is a proposed shift in public policy thinking towards migrant homeless people. Migrants who are homeless are vulnerable to exploitation because of being unable to access mainstream benefits and support. Some will be at particular risk because they have been a victim of modern slavery, have fled exploitation or danger, or are young people. In the face of such trauma and disadvantage, the current policy responses can seem callous and at times inhumane.
No strategy to end homelessness can be credible or valid without also including migrant homelessness. And no approach to ending migrant homelessness will be effective or justifiable unless the help is provided on the basis of need, and not on the basis of where someone was born.
12.9 Summary of Recommendations
FOR ALL MIGRANTS
England / Westminster
- Reverse the right to rent policy
- Reverse the extended NHS regulations that have increased the types of secondary healthcare that some migrants must pay for and introduced up-front charging
- Issue new guidance to banks regarding the documentation that banks must accept as sufficient proof to allow someone to open an account
- Collect and make publicly available relevant data to ensure that the impact of Home Office policies on homelessness can be measured
- Make immigration detention centres subject to a statutory duty to refer people at risk of homelessness on release to the local housing authority
- Ensure that immigration detainees who would otherwise be homeless on release are given access to emergency accommodation
- Ensure that a properly supported voluntary reconnection service is provided for migrants who are homeless or at risk of homelessness and who want to explore the option of returning to their country of origin • Consider how best to grant access to the statutory homelessness system for all migrants
- At a minimum, ensure that all migrants at risk of becoming homeless within 56 days are eligible for support under the statutory duty to prevent homelessness
Scotland
- Ensure that a properly supported voluntary reconnection service is provided for migrants who are homeless or at risk of homelessness and who want to explore the option of returning to their country of origin
- Consider how best to grant access to the statutory homelessness system for all migrants
- Introduce a statutory duty to prevent homelessness for all households who are at risk of becoming homeless within 56 days, regardless of priority status, local connection, intentionality or migration status
Wales
- Ensure that a properly supported voluntary reconnection service is provided for migrants who are homeless or at risk of homelessness and who want to explore the option of returning to their country of origin
- Consider how best to grant access to the statutory homelessness system for all migrants
- At a minimum, ensure that all migrants at risk of becoming homeless within 56 days are eligible for support under the statutory duty to prevent homelessness
FOR EEA NATIONALS
England / Wesminster
- Reinstate entitlement to Housing Benefit for EEA nationals with jobseeker status
- Make all EEA nationals with a right to reside eligible for statutory homelessness assistance
- Ensure EEA nationals who are eligible for statutory homelessness assistance have a limited entitlement to benefits for six months, including Housing Benefit
- Provide national guidance for every local authority and public agency who might assist EEA nationals to make clear the link between the right to reside, entitlement to benefits and eligibility for homelessness assistance
- Ensure that an assertive outreach model with an emphasis on access to legal, benefits and employment support is delivered to meet the needs of rough sleeping EEA nationals
Scotland
- Support the production of national guidance for local authorities and public agencies who might assist EEA nationals by providing relevant input as required
- Ensure that an assertive outreach model with an emphasis on access to legal, benefits and employment support is delivered to meet the needs of rough sleeping EEA nationals
Wales
- Make all EEA nationals with a right to reside eligible for statutory homelessness assistance
- Support the production of national guidance for local authorities and public agencies who might assist EEA nationals by providing relevant input as required
- Ensure that an assertive outreach model with an emphasis on access to legal, benefits and employment support is delivered to meet the needs of rough sleeping EEA nationals
FOR ASYLUM SEEKERS AND REFUGEES
England / Westminster
- Address the high level of incorrect decisions currently being made on applications for asylum support
- Extend the move-on period for newly recognised refugees to at least 56 days
- Ensure support is available to help newly recognised refugees navigate the move-on period and access housing, education, employment and welfare benefits
- Make the providers of asylum support accommodation subject to a statutory duty to refer people leaving asylum support accommodation who are at risk of homelessness to the local housing authority
FOR UNDOCUMENTED MIGRANTS AND MIGRANTS WITH NO RECOURSE TO PUBLIC FUNDS
England / Westminster
- Ensure that short-term emergency accommodation and access to immigration advice is provided for migrants who are homeless, or at imminent risk of becoming homeless
- Issue guidance for local authorities clearly setting out the duties they owe to migrant households with no recourse to public funds
Scotland
- Ensure that short-term emergency accommodation and access to immigration advice is provided for migrants who are homeless, or at imminent risk of becoming homeless
- Issue guidance for local authorities clearly setting out the duties they owe to migrant households with no recourse to public funds
Wales
- Ensure that short-term emergency accommodation and access to immigration advice is provided for migrants who are homeless, or at imminent risk of becoming homeless
- Issue guidance for local authorities clearly setting out the duties they owe to migrant households with no recourse to public funds
