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

Housing authority accommodation—England, Scotland and Northern Ireland U.K.

3.  The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act (housing authority accommodation) in respect of England, Scotland and Northern Ireland–

(a) Class A—a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention;

(b) Class B—a person–

[F1 (i) who has leave to enter or remain in the United Kingdom granted outside the provisions of the immigration rules; and]

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

[F2 (bb) Class BA—a person who has humanitarian protection granted under the immigration rules;]

(c) Class C—a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person–

(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;

(ii) who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, 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 left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) Class F—a person who is attending a full-time course at a specified education institution in a case where the housing accommodation which is or may be provided to him–

(i) is let by a housing authority to that specified education institution for the purposes of enabling that institution to provide accommodation for students attending a full-time course at that institution; and

(ii) would otherwise be difficult for that housing authority to let on terms which, in the opinion of the housing authority, are satisfactory;

[F4 (g) Class FA – a person who has been transferred 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];

[F5 (h) Class FB—a person who—

(i) has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the immigration rules granted on the basis of a relationship with a relevant person of Northern Ireland, and

(ii) would have been considered eligible as a family member, or a family member who has retained the right of residence by virtue of regulation 10 of the EEA Regulations (family member who has retained the right of residence), of a person who is—

(aa) a qualified person, within the meaning of regulation 6(1) of the EEA Regulations (“qualified person”), on the basis of being a worker;

(bb) a qualified person, within the meaning of regulation 6(1) of the EEA Regulations, on the basis of being a self-employed person, or

(cc) a person who is an accession state worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations, pursuant to regulation 5 of the Accession Regulations (right of residence of an accession State national subject to worker authorisation),

disregarding that the relevant person of Northern Ireland does not satisfy the definition of “EEA national” in regulation 2 of the EEA Regulations (general interpretation);

(i) Class FC—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];

[F6 (j) Class FD – 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 15th August 2021, but excluding a person (P)—

(aa) who is subject to a condition requiring P to maintain and accommodate themself, 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.]

Textual Amendments

F1 Art. 3(b)(i) substituted (9.10.2006) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2006 (S.I. 2006/2521), arts. 1, 2(2)(a)

F2 Art. 3(bb) inserted (9.10.2006) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2006 (S.I. 2006/2521), arts. 1, 2(2)(b)

F3 Art. 3(e) omitted (7.8.2008) by virtue of The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2008 (S.I. 2008/1768), arts. 1, 2(3) (with art. 3(1))

F4 Art. 3(g) inserted (9.7.2018) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2018 (S.I. 2018/729), arts. 1, 2(2)(a)

F5 Art. 3(h)(i) inserted (24.8.2020) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020 (S.I. 2020/825), arts. 1, 2(3)

F6 Art. 3(j) inserted (16.9.2021) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021 (S.I. 2021/1045), regs. 1(1), 3(2)

Commencement Information

I1 Art. 3 in force at 3.4.2000, see art. 1(1)