← United Kingdom · 2023

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Housing and Homelessness Assistance Exemption for Persons Fleeing Sudan

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateMay 15, 2023
CategoryIntegration / humanitarian relief
Affected groupIndividuals fleeing sudan

Policy effect

Modifies allocation and homelessness regulations in England and Wales to exempt British citizens and persons with leave fleeing conflict in Sudan from the habitual residence test for accessing social housing and homelessness assistance.

Conditions and exceptions

Validated condition or limit: Modifies allocation and homelessness regulations in England and Wales to exempt British citizens and persons with leave fleeing conflict in Sudan from the habitual residence test for accessing social housing and homelessness assistance.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

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), after paragraph (o) insert— “(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 … sponsor, or where there is more than one sponsor, at least one of whose sponsors, is still alive.”. (3) In regulation 4(2) (persons not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation), after sub-paragraph (m) insert— “(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.”. (4) In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance), after sub-paragraph (p) insert— “(q)Class Q — … 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 (cc)whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.”. (5) In regulation 6(2) (persons not to be treated as persons from abroad who are ineligible for housing assistance), after sub-paragraph (m) insert— “(n)a person who was residing in Sudan before 15th April 2023 and left Sudan in … Secretary of State Department for Levelling Up, Housing and Communities 11th May 2023 Explanatory Note (This note is not part of the Regulations) Regulation 2 of these Regulations amends the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (S.I. 2006/1294). The amendments ensure that certain persons who were residing in Sudan before 15th April 2023 and left Sudan in connection with the violence which rapidly escalated in Khartoum and across Sudan on that date are eligible for an allocation of housing accommodation and for housing assistance in England. Such a person subject to immigration control will be eligible if they have been given leave to enter or remain in the United Kingdom in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 (c. 77), provided that their leave is not subject to the condition that there must be ‘no recourse to public funds’ and that their leave was not granted because of a maintenance undertaking which is still applicable. The amendments also exempt persons leaving Sudan in those circumstances who are not subject to immigration control, but are usually subject to the habitual residence test, from …
legislation.gov.uk.The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation) (Amendment) Regulations 2023 (S.I. 2023/532).Open official source
Retrieved from https://www.legislation.gov.uk/uksi/2023/532/contents/made

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-968b351d620b93b04831. Something wrong? Flag this record.

Other United Kingdom changes operative in 2023