The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2023

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 that test.