The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

2.—(1) The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000(1) is amended as follows.

(2) In article 2 (interpretation), at the appropriate place, insert—

““the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950(2) as it has effect for the time being in relation to the United Kingdom;”.

(3) In article 3 (housing authority accommodation—England, Scotland and Northern Ireland)—

(a) in paragraph (g) after “person” insert “who is habitually resident in the Common Travel Area”;

(b) after paragraph (j) insert—

“(k) Class FE—a person (P)—

(i) 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 that is granted under the immigration rules; and

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

(l) Class FF—a person who is habitually resident in the Common Travel Area who has limited leave to remain in the United Kingdom under paragraphs 352J or 352K of the immigration rules;

(m) Class FG—a person (P)—

(i) who is habitually resident in the Common Travel Area and has limited leave to enter or remain in the United Kingdom under Appendix Hong Kong British National (Overseas) of the immigration rules; and

(ii) whose leave is not subject to a condition requiring P to maintain and accommodate P, and any person who is dependent on P, without recourse to public funds.”.

(4) In article 7(1) (homelessness—Scotland and Northern Ireland), in sub-paragraph (a)—

(a) for “3(g) to (j)”, substitute “3(g) to (m)”;

(b) for “Class FC and Class FD”, substitute “Class FC, Class FD, Class FE, Class FF and Class FG”.

(1)

S.I. 2000/706.

(2)

European Treaty Series No.005, Rome, 4th November 1950.