Statutory Instruments
2024 No. 647
Housing, England
Housing, Scotland
Housing, Northern Ireland
Immigration, England
Immigration, Scotland
Immigration, Northern Ireland
The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024
Made
15th May 2024
Laid before Parliament
17th May 2024
Coming into force in accordance with regulation 1(1)
Citation, commencement and extent
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 2024 and come into force 21 days after the date on which they are laid.
(2) This regulation extends to England and Wales, Scotland and Northern Ireland.
(3) The amendments made by regulations 2 and 3 have the same extent as the provisions which 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 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 ( 4 ) in circumstances where P is a victim of transnational marriage abandonment ( 5 ) ;
(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 ( 6 ) , 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).
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( 7 ) is amended as follows.
(2) In article 2 (interpretation), omit the definition of “the Accession Regulations”.
(3) In article 3 (housing authority accommodation – England, Scotland and Northern Ireland)—
(a) in paragraph (a), after “Convention” insert “and who has leave to enter or remain in the United Kingdom” ;
(b) in paragraph (h)(ii)—
(i) in paragraph (bb), omit “or”;
(ii) omit paragraph (cc);
(c) after paragraph (o) insert—
“ (p) Class FJ—a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the immigration rules ( 8 ) in circumstances where P is a victim of transnational marriage abandonment;
(q) Class FK—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 FE or Class FG in this regulation. ” .
(4) In article 7(1) (homelessness – Scotland and Northern Ireland), in sub-paragraph (a)—
(a) for “3(g) to (o)” substitute “3(g) to (q)” ;
(b) for “and Class FI” substitute “, Class FI, Class FJ and Class FK” .
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Felicity Buchan
Parliamentary Under Secretary of State
Department for Levelling Up, Housing and Communities
15th May 2024
1996 c. 52 ; section 160ZA was inserted by section 146(1) of the Localism Act 2011 (c. 20) . See section 215(1) for the meaning of “prescribed” in section 185(2) and (3).
1999 c. 33 ; section 119(1) was amended by paragraph 22 of Schedule 15 to the Housing and Regeneration Act 2008 (c. 17) .
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) .
S.I. 2000/706 ; relevant amending instruments are S.I. 2006/2521 , 2008/1768 , 2018/729 , 2020/825 , 2021/1045 , 2022/242 , 339 , 601 , 1371 , 2023/530 , 1142 .
See article 2 of S.I. 2000/706 for the meaning of “the immigration rules”.