Non Qualifying Persons
Persons who are not qualifying persons by virtue of the Allocation of Housing Regulations 2002.
The relevant provisions are sections 160A(3), (5) and (7) of the Housing Act 1996 and Regulation 5 of the Allocation of Housing (England) Regulations 2002 which renders ineligible those who are not habitually resident in the Common Travel Area except those exercising EU Treaty rights and those who fled Montserrat after the volcanic eruption].
Section 160A(3) of the Housing Act 1996 provides that a person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is ineligible for an allocation of housing accommodation by a local housing authority unless he is of a class prescribed by regulations made by the Secretary of State.
For the purposes of the Asylum and Immigration Act 1996 a “person subject to immigration control” means a person who under the Immigration Act 1971 requires leave to enter or remain in the United Kingdom (whether or not such leave has been given”: Under the terms of the Immigration Act 1971 a person requires leave to enter or remain in the United Kingdom unless he is a British Citizen or is a Commonwealth citizen meeting certain limited criteria.
A person is therefore ineligible for an allocation of housing accommodation by the Royal Borough of Kingston if he or she is not a British Citizen or a Commonwealth Citizen with the right of abode in the United Kingdom unless he or she is made eligible under the Regulations made by the Secretary of State. The Secretary of State has decided that four classes of applicant are eligible for an allocation of housing accommodation despite being subject to immigration control. They are:
Class A:
Refugees within the meaning of the Geneva Convention 1951 (as amended)
Class B:
People:
- who have been granted exceptional leave to enter or remain in the United Kingdom
- where that leave is not subject to a condition that he should not be dependent on public funds.
Class C
A person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the UK, Republic of Ireland, Isle of Man or the Channel Islands except those who are sponsored immigrants and who have been in the United Kingdom for less than 5 years provided that at least one of the sponsors is still alive.
Class D:
A person who is habitually resident UK, Republic of Ireland, Isle of Man or the Channel Islands and who
- is a national of a state which has ratified the European Convention on Social and Medical Assistance or a state which has ratified the European Social Charter provided that he is lawfully present in the United Kingdom; or
- before 3rd April 2000 was owed a duty by a housing authority under Part 3 of the Housing Act 1985 (housing the homeless) or Part 7 of the Act (homelessness) which is still owed, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance or the European Social Charter.
The Secretary of State has prescribed 2 further classes of people who, by virtue of section 160A(5) are to be treated as ineligible for an allocation of housing accommodation. Therefore, the Royal Borough of Kingston will not be able to make an allocation of housing to those who are:
Class E:
not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland; or
Class F:
whose right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland is derived solely from EU Directives 90/364/EEC or 90/365/EEC (which require that the person has sufficient resources to be self-sufficient) unless:
- He or she is a person who is a worker for the purposes of Council Regulation (EEC) No 1612/68 or (EEC) No 1251/70; or
- he or she is a person who is an accession state worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004;
- he or she is a person with a right to reside pursuant to the Immigration (European Economic Area) Regulations 2000, which is derived from Council Directive No 68/360/EEC, No 73/148/EEC or No 75/34/EEC;
- he or she is a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.