Eligibility for housing and homelessness assistance in England for people who leave Ukraine as a result of the Russian invasion

New statutory instruments

New regulations have been issued in relation to eligibility for housing and homelessness assistance in England for people who have left Ukraine as a result of the Russian invasion.

In force from 22 March 2022, the Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2022 (SI.No.339/2022) make amendments to the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (SI.No.1294/2006) so that local authorities in England can treat as eligible for housing and homelessness assistance people who -

• left Ukraine as a result of the Russian invasion on 24 February 2022 and had resided in Ukraine immediately before 1 January 2022; and
• have been granted leave in accordance with the Immigration Rules made under section 3(2) of the Immigration Act 1971 (the explanatory memorandum to the regulations advises that the Home Office will amend their Immigration Rules shortly to reflect the 36-month limited leave to remain that is available under the Ukraine Family Scheme and the Homes for Ukraine scheme).

Update (29 March 2022) - in a written statement today, Home Office Minister Kevin Foster confirmed that the Ukraine Family Scheme and the Homes for Ukraine sponsorship scheme are being formally brought into the Immigration Rules.

In addition, for those who meet the residence and immigration conditions outlined above, the regulations -

• amend the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 (SI.No.706/2000) to enable housing authorities in Scotland and Northern Ireland to provide housing accommodation, and housing authorities in England, Scotland and Northern Ireland to provide homelessness assistance; and
• exempt British nationals and all those not subject to immigration control who are usually subject to a habitual residence test, from that test if they are fleeing Ukraine.

The explanatory memorandum also confirms that a separate instrument, the Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2022 (SR.No.128/2022), makes provision in respect of Northern Ireland for the cohorts of persons not subject to immigration control to make them exempt from the habitual residence test. In addition, it confirms that, in relation to Wales, powers have been formally devolved to the Senedd and they will be legislating separately.

SI.No.339/2022 and SR.No.128/2022 are available from legislation.gov.uk