The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2025
- Department: Ministry of Housing, Communities and Local Government
- Made under: Housing Act 1996, Immigration and Asylum Act 1999
The 2025 regulations amended eligibility criteria for housing and homelessness assistance in the UK, prioritizing British nationals returning from government-advised evacuations.
These regulations amend existing UK legislation to ensure that British nationals returning from government-advised evacuations are eligible for housing and homelessness assistance in England, Scotland, and Northern Ireland.
The amendments waive the habitual residence test for a six-month period following evacuation, allowing immediate access to housing for those who meet specific criteria defined by the regulations.
These criteria include possessing leave to enter or remain in the UK, not being subject to a 'no recourse to public funds' condition, and not being sponsored under certain visa schemes
Arguments For
Supporting Evacuees: Provides housing and homelessness assistance to British nationals returning from government-advised evacuations, ensuring their immediate needs are met.
Meeting Humanitarian Obligations: Aligns with the UK's responsibility to assist its citizens in times of crisis and upon their return to the country.
Streamlined Process: Simplifies access to housing for eligible evacuees by waiving the habitual residence test for a defined period.
Legal Basis: The regulations are explicitly based on existing powers granted by the Housing Act 1996 and the Immigration and Asylum Act 1999.
Arguments Against
Potential Strain on Resources: Could increase demand on housing resources in certain areas.
Definition of 'Evacuation': The definition of government-advised evacuation might be subjective and lead to inconsistencies in application.
Limited Timeframe: The 6-month application window may be insufficient for some evacuees to secure housing.
Unintended Consequences: Could potentially attract non-genuine applicants and create administrative challenges.
- Citation, commencement and extent (1) These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2025 and come into force on 18th July 2025. (2) This regulation extends to England and Wales, Scotland and Northern Ireland. (3) The amendments made by regulations 2 and 3 have the same extent as the provisions which they amend.
This section provides the regulations' title, effective date, and geographic scope.
The regulations are effective July 18th, 2025, and apply across the UK. The amendments made within these regulations maintain the same geographic scope as the original legislation that they change.
- Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 are amended as follows. (2) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation), after paragraph (s) insert— (t) Class T — a person who— (i) was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, (ii) has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules, (iii) 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, (iv) 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, and (v) made an application for housing accommodation under Part 6 of the 1996 Act within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later. (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 (o) insert— (p) a person who— (i) was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, and (ii) made an application for housing accommodation under Part 6 of the 1996 Act within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later. (4) In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance), after sub-paragraph (t) insert— (u) Class U — a person who— (i) was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, (ii) has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules, (iii) 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, (iv) 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, and (v) made an application for housing assistance under Part 7 of the 1996 Act within a period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later. (5) In regulation 6(2) (persons not to be treated as persons from abroad who are ineligible for housing assistance), after sub-paragraph (o) insert— (p) a person who— (i) was residing in a country or territory and left that country or territory when His Majesty’s Government first provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, and (ii) made an application for housing assistance under Part 7 of the 1996 Act within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.
This section amends the 2006 Allocation of Housing and Homelessness (Eligibility) Regulations.
It adds a new category of eligibility (Class T and U) for housing allocation and assistance for individuals who have left a country or territory due to government-advised evacuations Eligibility is tied to a six-month application window following the government's advice or the start of the evacuation.
Additional conditions relate to immigration status and sponsorship arrangements.
The amendments clarify eligibility requirements, specifically adding stipulations regarding applicants’ immigration status, sponsorship agreements, and a time limit for applications.
- Amendment of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 (1) The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 is amended as follows. (2) In article 3 (housing authority accommodation – England, Scotland and Northern Ireland), after paragraph (q) insert— (r) Class FL––a person who— (i) was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, (ii) has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules, (iii) 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, (iv) 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, and (v) made an application for housing accommodation under the accommodation provisions within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later. (3) In article 7(1) (homelessness – Scotland and Northern Ireland), after sub-paragraph (a) insert— (aa) the class specified in article 3(r) (Class FL) but as if, in sub-paragraph (v), for “housing accommodation under the accommodation provisions” there were substituted “homelessness assistance under the homelessness provisions”;
This section amends the 2000 Persons subject to Immigration Control Order.
Similar to the previous amendment, it introduces a new eligibility category (Class FL) for housing accommodation and homelessness assistance in England, Scotland, and Northern Ireland for individuals evacuated from a country or territory following government advice. This category shares nearly identical criteria as those in the previous section, extending the considerations for eligibility to homelessness assistance as well.
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