Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021 and come into force on 16th September 2021.

(2) Regulation 2—

(a) extends to England and Wales;

(b) applies in relation to England.

(3) The amendments made by regulation 3 have the same extent and application as the provisions they amend.

Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006

2. —(1)The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006( 3 ) are amended as follows.

(2) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—

(a) omit paragraph (e);

(b) at the end of paragraph (j), omit “and”;

(c) after paragraph (k) insert—

“ (l) Class L – a person—

(i) who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules ( 4 ) , 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. ” .

(3) In regulation 4(2) (other persons from abroad who are ineligible for an allocation of housing accommodation)—

(a) at the end of sub-paragraph (j), omit “and”;

(b) after sub-paragraph (k) insert—

“ (l) a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021. ” .

(4) In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance)—

(a) omit sub-paragraph (f);

(b) at the end of sub-paragraph (k), omit “and”;

(c) after sub-paragraph (l) insert—

“ (m) Class M – 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 (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. ” .

(5) In regulation 6(2) (other persons from abroad who are ineligible for housing assistance)—

(a) at the end of sub-paragraph (j), omit “and”;

(b) after sub-paragraph (k) insert—

“ (l) a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021. ” .

Amendment of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

3. —(1)The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000( 5 ) is amended as follows.

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

“ (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. ” .

(3) In article 7(1) (homelessness—Scotland and Northern Ireland), in sub-paragraph (a)—

(a) for “to (i)” substitute “to (j)”;

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