The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

Persons subject to immigration control who are eligible for an allocation of housing accommodation E+W

3.  The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the 1996 Act—

(a) Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b) Class B – a person—

(i) who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

(ii) whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependant on that person, without recourse to public funds;

(c) Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—

(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by the person’s sponsor;

(ii) who 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 on the date on which the undertaking was given in respect of the person, 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 has humanitarian protection granted under the Immigration Rules; F1 ...

(e) Class E – 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 enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules; F2 ...

[F3 (f) Class F – a person 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, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds [F4 ; and]]

[F5 (g) Class G – 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 been relocated 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; and

(h) Class H – 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 been granted Calais leave to remain in the United Kingdom under paragraph 352J of the immigration rules.]

Textual Amendments

F1 Word in reg. 3(d) omitted (22.6.2017) by virtue of The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2017 (S.I. 2017/698), regs. 1(2), 2(3)(a)

F2 Word in reg. 3(e) omitted (19.7.2019) by virtue of The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1041), regs. 1, 2(2)(a)

F3 Reg. 3(f) inserted (22.6.2017) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2017 (S.I. 2017/698), regs. 1(2), 2(3)(c)

F4 Word in reg. 3(f) substituted (19.7.2019) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1041), regs. 1, 2(2)(b)

F5 Reg. 3(g)(h) inserted (19.7.2019) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1041), regs. 1, 2(2)(c)

Commencement Information

I1 Reg. 3 in force at 31.10.2014, see reg. 1(1)