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The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2018

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Statutory Instruments

2018 No. 729

Immigration

Housing, England

Housing, Scotland

Housing, Northern Ireland

The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2018

Made

14th June 2018

Laid before Parliament

18th June 2018

Coming into force

9th July 2018

The Secretary of State, in exercise of the powers conferred by sections 118 and 119 of the Immigration and Asylum Act 1999(1), makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2018 and comes into force on 9th July 2018.

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

2.—(1) The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000(2) is amended as follows.

(2) In article 3 (Housing authority accommodation – England, Scotland and Northern Ireland)—

(a)after paragraph (f) insert—

(g)Class FA – a person who has been transferred to the United Kingdom under section 67 of the Immigration Act 2016(3) and has limited leave to remain under paragraph 352ZH of the immigration rules(4)..

(3) In article 7 (Homelessness – Scotland and Northern Ireland), for paragraph (1)(a) substitute—

(a)the classes specified in article 3(a) to (d) and the class specified in article 3(g) (Class A, Class B, Class BA, Class C, Class D and Class FA);

Caroline Nokes

Minister of State

Home Office

14th June 2018

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”).

Article 2(2) of this Order inserts a new class (Class FA) into the 2000 Order. Class FA consists of persons transferred to the United Kingdom under section 67 of the Immigration Act 2016 and granted leave under paragraph 352ZH of the immigration rules. The effect of this amendment is to enable members of this class to be eligible for certain categories of local authority housing.

Article 2(3) of this Order amends the 2000 Order to enable persons within this new class to have access to accommodation or assistance under certain specified homelessness provisions in Scotland and Northern Ireland.

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

(1)

1999 c. 33. Section 118(1)(b) was amended by section 43(3) of the Immigration, Asylum and Nationality Act 2006 (c. 13). Section 119 was amended by section 314 of, and paragraph 22 of Schedule 15 to, the Housing and Regeneration Act 2008 (c. 17).

(2)

S.I. 2000/706, relevant amending regulations are S.I. 2005/1379, S.I. 2006/2521 and S.I. 2008/1768.

(4)

The immigration rules are made under section 3(2) of the Immigration Act 1971 (c. 77). Paragraph 352ZH comes into force on 6th July 2018.

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