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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 (“the 2000 Order”).

Under sections 118 and 119 of the Immigration and Asylum Act 1999, a person who is subject to immigration control is ineligible for an allocation of housing by a local authority (as defined in section 118(2)) or for homelessness assistance, unless they come within a class of persons specified in an Order made by the Secretary of State. The 2000 Order makes such provision.

Article 2(2) inserts the definition of “relevant person of Northern Ireland” and definitions of other terms used in this Order into article 2 of the 2000 Order.

Article 2(3) amends article 3 of the 2000 Order, which relates to the eligibility of persons subject to immigration control for an allocation of housing accommodation in England, Scotland and Northern Ireland. It specifies two additional classes of persons subject to immigration control who are eligible for an allocation of housing.

Class FB consists of persons who have been granted limited leave to enter or remain in the United Kingdom under Appendix EU of the immigration rules on the basis that they are the family members of relevant persons of Northern Ireland.

Class FC consists of those who are habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who have been given limited leave to remain in the United Kingdom under paragraph 405 of the immigration rules, on the basis that they are stateless.

Article 3(3) amends article 7(1) of the 2000 Order which relates to the eligibility of persons subject to immigration control for homelessness assistance in Scotland and Northern Ireland. It specifies two additional classes of person who are eligible for such assistance: Class FB – family members of a relevant person of Northern Ireland and Class FC – persons who are stateless, as inserted into article 3 of the 2000 Order.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.