Housing and immigration: legislative updates (1)

Wednesday 30 November 2016

Eligibility: the Immigration (European Economic Area) Regulations 2016 On 3 November 2016, the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 were laid before Parliament. The majority of the regulations come into force on 1 February 2017.

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Eligibility: the Immigration (European Economic Area) Regulations 2016

On 3 November 2016, the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 were laid before Parliament. The majority of the regulations come into force on 1 February 2017. The effect of the regulations will be, among other things, to revoke, replace, consolidate and clarify (their alliteration not mine) the provisions of the Immigration (European Economic Area) Regulations 2006, SI 2006/1003, as amended.

For housing practitioners this is of importance as the various rights of residence within the regulations provide the gateways by which EEA citizens may be eligible for assistance under Parts VI and VII Housing Act 1996, and the change will have a knock on effect on the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, SI 2006/1294, as amended.

However, the intention seems to be that the 2006 homelessness regulations will not be amended to reflect these developments. Instead, we will just have to read the 2006 homelessness regulations as if they referred to the 2016 immigration regulations and not the 2006 immigration regulations. (See Schedule 7 of the 2016 immigration regulations.) I’m honestly not sure whether this makes things simpler or not.

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