Other persons from abroad who are ineligible for an allocation of housing accommodationE+W

4.—(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—

(a)subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b)his only right to reside in the United Kingdom—

(i)is derived from his status as a jobseeker or the family member of a jobseeker; or

(ii)is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or

[F1(iii)is a derivative right to reside to which he is entitled under [F2regulation 16(1)] of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in [F3regulation 16(5)] of those Regulations; or

F4(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F5(c)his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii).]

[F6(1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted

[F7(a) limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act; or

(b)leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act

is to be disregarded.]]

(2) The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

(a)a worker;

(b)a self-employed person;

[F8(c)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to F9...—

F10(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);]

(d)a person who is the family member of a person specified in sub-paragraphs (a)-(c);

(e)a person with a right to reside permanently in the United Kingdom by virtue of regulation [F1115(1)(c)], (d) or (e) of the EEA Regulations; [F12and]

F13(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom [F14.] F15...

F16(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(j)a frontier worker; F19...

(k)a person who—

(i)is a family member of a person specified in sub-paragraph (j); and

(ii)has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act;]

[F20(l)a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;]

[F21(m)a person who was residing in Ukraine immediately before 1st January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24th February 2022;]

[F22(n)a person who was residing in Sudan before 15th April 2023 and left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan.]

[F23(o)a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023 and who 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.]

Textual Amendments

F1Reg. 4(1)(b)(iii)(iv) inserted (8.11.2012) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 (S.I. 2012/2588), regs. 1(1), 2(2) (with reg. 3)

F2Words in reg. 4(1)(b)(iii) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(3)(a)

F3Words in reg. 4(1)(b)(iii) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(3)(b)

F4Reg. 4(1)(b)(iv) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(3)(c)

F5Reg. 4(1)(c) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(3)(d)

F6Reg. 4(1A) inserted (7.5.2019) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/861), regs. 1, 3(a) (with reg. 5)

F7Words in reg. 4(1A) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 20(2)

F8Reg. 4(2)(c) substituted (1.7.2013) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2013 (S.I. 2013/1467), regs. 1(1), 2(3) (with reg. 3)

F9Word in reg. 4(2)(c) 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(4)(a)(i)

F10Reg. 4(2)(c)(i) 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(4)(a)(ii)

F11Word in reg. 4(2)(e) substituted (7.5.2019) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/861), regs. 1, 3(b) (with reg. 5)