The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

Changes over time for: Section 3

Version Superseded: 16/11/2023

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Persons subject to immigration control who are eligible for an allocation of housing accommodationE+W

3. The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the 1996 Act—

(a)Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b)Class B – a person—

(i)who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

(ii)whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependant on that person, without recourse to public funds;

(c)Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—

(i)who has been given leave to enter or remain in the United Kingdom upon an undertaking given by the person’s sponsor;

(ii)who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or on the date on which the undertaking was given in respect of the person, whichever date is the later; and

(iii)whose sponsor or, where there is more than one sponsor, at least one of whose sponsors is still alive;

(d)Class D – a person who has humanitarian protection granted under the Immigration Rules; F1...

(e)Class E – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules; F2...

[F3(f)Class F – a person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds [F4; F5...]]

[F6(g)Class G – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been relocated to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the immigration rules; F7...

(h)Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been granted Calais leave to remain in the United Kingdom under paragraph 352J of the immigration rules [F8; F9...]]

[F10(i)Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules [F11;]]

[F12(j)Class J – a person—

(i)who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

(ii)whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds; and

(iii)who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;F13...

(k)Class K – a person—

(i)who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules, where such leave is granted by virtue of—

(aa)the Afghan Relocations and Assistance Policy; or

(bb)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(ii)with leave to enter or remain in the United Kingdom not coming within sub-paragraph (i), who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021, but excluding a person (P)—

(aa)who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds; or

(bb)who has been given leave to enter or remain in the United Kingdom upon an undertaking given by P’s sponsor and has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later, and whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive [F14; F15...]]

[F16(l)Class L – a person who has been granted leave to enter or remain in the United Kingdom by virtue of Appendix Ukraine Scheme of the Immigration Rules [F17; F18...]]

[F19(m)Class M – a person who has temporary leave to remain in the United Kingdom granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules [F20; and]]

[F21(n)Class N – a person who—

(i)was residing in Sudan before 15 April 2023;

(ii)left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan;

(iii)has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v)is not a person (P)—

(aa)who has been given leave upon an undertaking given by P’s sponsor;

(bb)who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and

(cc)whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.]

Textual Amendments

F1Word in reg. 3(d) omitted (22.6.2017) by virtue of The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2017 (S.I. 2017/698), regs. 1(2), 2(3)(a)

F2Word in reg. 3(e) omitted (19.7.2019) by virtue of The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1041), regs. 1, 2(2)(a)

F3Reg. 3(f) inserted (22.6.2017) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2017 (S.I. 2017/698), regs. 1(2), 2(3)(c)

F4Word in reg. 3(f) substituted (19.7.2019) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1041), regs. 1, 2(2)(b)

F5Word in reg. 3(f) omitted (19.3.2021) by virtue of The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2021 (S.I. 2021/353), regs. 1, 3(a)

F6Reg. 3(g)(h) inserted (19.7.2019) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1041), regs. 1, 2(2)(c)

F7Word in reg. 3(g) omitted (19.3.2021) by virtue of The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2021 (S.I. 2021/353), regs. 1, 3(b)

F8Word in reg. 3(h) substituted (19.3.2021) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2021 (S.I. 2021/353), regs. 1, 3(c)

F9Word in reg. 3(h) omitted (15.10.2021) by virtue of The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1147), regs. 1, 3(a)

F10Reg. 3(i) inserted (19.3.2021) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2021 (S.I. 2021/353), regs. 1, 3(d)