5.—(1) A person is to be treated as occupying a building or part of a building as his only or main residence for the purposes of section 254 of the Act if he is—
(a)a migrant worker or a seasonal worker—
(i)whose occupation of the building or part is made partly in consideration of his employment within the United Kingdom, whether or not other charges are payable in respect of that occupation; and
(ii)where the building or part is provided by, or on behalf of, his employer or an agent or employee of his employer; or
(b)an asylum seeker or a dependent of an asylum seeker who has been provided with accommodation under section 95 of the Immigration and Asylum Act 1999 M1 and which is funded partly or wholly by the National Asylum Support Service M2.
(2) In this regulation—
[F1(a)“a migrant worker” is—
(i)a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules and who has taken up activity in the United Kingdom as an employed person;
(ii)a person who has a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment;
(iii)a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;]
[F2(ab)"residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020;]
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)“seasonal worker” means a person who carries out for an employer or undertaking employment of a seasonal character—
(i)the nature of which depends on the cycle of the seasons and recurs automatically each year; and
(ii)the duration of which cannot exceed eight months;
(e)“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971 M3 and
(f)“asylum seeker” has the meaning given to that expression in section 94 of Immigration and Asylum Act 1999.
Textual Amendments
F1Reg. 5(2)(a) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 67(2)(a)
F2Reg. 5(2)(ab) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 67(2)(b)
F3Reg. 5(2)(b)(c) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 67(2)(c)
Marginal Citations
M2The National Asylum Support Service is a department within the Home Office.