2.—(1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006(1) are amended as follows.
(2) In regulation 2(1) (interpretation), omit the definition of “the Accession Regulations 2013”.
(3) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation), after paragraph (q) insert—
“(r)Class R — a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the Immigration Rules(2) in circumstances where P is a victim of transnational marriage abandonment(3);
(s)Class S— a person who has limited leave to enter or limited leave to remain in the United Kingdom and who, after making a change of conditions application, has had their no recourse to public funds condition lifted by the Home Office in accordance with section 3(1)(c)(ii) of the Immigration Act 1971(4), and is not a person within Class F or Class K in this regulation.”.
(4) In regulation 4 (other persons from abroad who are ineligible for an allocation of housing accommodation), omit paragraph (2)(c).
(5) In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance), after sub-paragraph (r) insert—
“(s)Class S— a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the Immigration Rules in circumstances where P is a victim of transnational marriage abandonment;
(t)Class T— a person who has limited leave to enter or limited leave to remain in the United Kingdom and who, after making a change of conditions application, has had their no recourse to public funds condition lifted by the Home Office in accordance with section 3(1)(c)(ii) of the Immigration Act 1971, and who does not fall within Class G or Class L in this regulation.”.
(6) In regulation 6 (other persons from abroad who are ineligible for housing assistance), omit paragraph (2)(c).
S.I. 2006/1294; relevant amending instruments are S.I. 2006/2007, 2527, 2009/358, 2013/1467, 2014/435, 2016/965, 2018/730, 1056, 2019/861, 2020/667, 1309, 2021/665, 1045, 2022/339, 601, 1371, 2023/530, 1142.
See regulation 2(1) of S.I. 2006/1294 for the meaning of “the Immigration Rules”.
The features of transnational marriage abandonment are defined and set out in pages 23-25 of the following guidance: https://assets.publishing.service.gov.uk/media/660eba8f63b7f8001fde18ba/Appendix+Victim+of+Domestic+Abuse.pdf. A hard copy can be obtained from the Homelessness and Policy Team, Department for Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 3DF.
1971 c. 77; section 3(1)(c) was substituted by paragraph 1 of Schedule 2 to the Asylum and Immigration Act 1996 (c. 49).