The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006

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The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, Section 3 is up to date with all changes known to be in force on or before 06 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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

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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)who is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, 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 his 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 the date on which his sponsor gave the undertaking in respect of him, 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; F1...

[F2(d)Class D— a person who has humanitarian protection granted under the Immigration Rules[F3; F4...]]

F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(f)Class F – a person—

(i)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 that is granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules; and

(ii)who is not subject to a condition requiring the person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds;]

[F7(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 transferred 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 [F8; F9...]]

[F10(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 has Calais leave to remain under paragraph 352J of the Immigration Rules [F11;]]

[F12(i)Class I – a person (P) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the Immigration Rules in circumstances where—

(i)P is a family member of a relevant person of Northern Ireland (“RP”) in accordance with those rules; and

(ii)P would have been considered eligible under regulation 4(2)(d) if RP were a person specified in regulation 4(2)(a) to (c); F13...

(j)Class J – 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 remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules;]; F14[F15...

(k)Class K – a person (P)—

(i)who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

(ii)whose leave to enter or remain is not subject to a condition requiring P to maintain and accommodate P, and any person dependent upon P, without recourse to public funds; and

(iii)who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;]

[F16(l)Class L – 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];

[F17(m)Class M – a person in the United Kingdom who—

(i)was residing in Ukraine immediately before 1st January 2022;

(ii)left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(iii)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds;]

[F18(n)Class N – a person in the United Kingdom who has limited leave to remain granted in accordance with Appendix Ukraine Scheme of the Immigration Rules pursuant to an application made by that person from within the United Kingdom, but excluding a person (P) 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;]

[F19(o)Class O – a person who has limited leave to remain granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules;]

[F20(p)Class P — a person who—

(i)was residing in Sudan before 15th April 2023;

(ii)left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan;

(iii)has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v)is not a person (“P”)—

(aa)who has been given leave upon an undertaking given by P’s sponsor;

(bb)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 the date on which P’s sponsor gave the undertaking in respect of P, whichever date is later; and

(cc)whose sponsor, or where there is more than one sponsor, at least one of whose sponsors, is still alive.]

[F21(q)Class Q — a person who—

(i)was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023;

(ii)left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack;

(iii)has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(v)is not a person (“P”)—

(aa)who has been given leave upon an undertaking given by P’s sponsor;

(cc)whose sponsor, or where there is more than one sponsor, at least one of whose sponsors, is still alive.]

Textual Amendments

F1Word in reg. 3(c)(iii) omitted (31.3.2014) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2014 (S.I. 2014/435), regs. 1(1), 2(3)(a)

F2Reg. 3(d) substituted (9.10.2006) by The Allocation of Housing and Homelessness (Miscellaneous Provisions) (England) Regulations 2006 (S.I. 2006/2527), regs. 1(1), 2(2) (with reg. 4(a)(b))

F3Reg. 3(d): semi-colon and word substituted for full stop (31.3.2014) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2014 (S.I. 2014/435), regs. 1(1), 2(3)(b)

F4Word in reg. 3(d) omitted (30.10.2016) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 (S.I. 2016/965), regs. 1(1), 2(3)(a)

F5Reg. 3(e) omitted (16.9.2021) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021 (S.I. 2021/1045), regs. 1(1), 2(2)(a)

F6Reg. 3(f) substituted (24.8.2020) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 (S.I. 2020/667), regs. 1, 4(a)

F7Reg. 3(g) inserted (9.7.2018) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018 (S.I. 2018/730), regs. 1, 2(2)(c)