The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020

Amendment of the 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 places, insert—

““the Accession Regulations” means the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013(2);”;

““the EEA Regulations” means the Immigration (European Economic Area) Regulations 2016(3);”;

““relevant person of Northern Ireland” has the meaning given in Appendix EU to the immigration rules(4);”.

(3) In article 3 (housing authority accommodation—England, Scotland and Northern Ireland), after paragraph (g), insert—

“(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(5).”.

(4) In article 7(1)(a) (homelessness—Scotland and Northern Ireland)—

(a) for “the class specified in article 3(g)”, substitute “the classes specified in article 3(g) to (i)”;

(b) for “and Class FA”, substitute “, Class FA, Class FB and Class FC”.

(1)

S.I. 2000/706. Amended by S.I. 2006/2521, 2008/1768, 2018/729.

(2)

S.I. 2013/1460. Amended by S.I. 2014/530, 2015/694.

(3)

S.I. 2016/1052. Amended by S.I. 2018/801, 2019/745.

(4)

Appendix EU was amended by the Statement of Changes to the Immigration Rules, presented to Parliament on 14th May 2020 (CPC 232).

(5)

The rules in relation to stateless persons were introduced in 2013 by the Statement of Changes to the Immigration Rules which was laid before Parliament on 14 May 2012 (HC 1039).