A person is excluded from housing or homelessness assistance if they are ‘subject to immigration control’.
This is everyone who is not British, Irish, or a Commonwealth citizen with the "right of abode".
The government has the power to make exceptions to this general rule - and does so - for people who have confirmed refugee status (i.e., claimed and granted asylum) and for other similar humanitarian reasons - for example people from Ukraine 🇺🇦
Rules also disqualify you if you have recently entered the UK after being settled elsewhere.
You cannot just arrive here and be allocated housing immediately. This applies to everyone, including British, unless you fall under a government exception e.g. #HomesForUkraine.
If you are eligible, then you can join a waiting list but that does not mean you get priority.
LAs have their own criteria which must be reasonable and comply with the reasonable preference criteria as set out in the Housing Act.
Waiting list rules must comply with legal principles - LAs cannot adopt a policy that would be discriminatory in its effect, and any rule must comply with the Housing Act.
This can be complex but in general terms the criteria for priority must be housing-related (and is subject to judicial review).
There is already a whole host of provisions and conditions within the legal framework, but it would be unlawful to adopt policy that prioritises migrants over indigenous households.
The fact that some people believe this happens (it doesn’t) does not alter the legal position.
For a comprehensive guide to housing rights, regulations and what type of assistance people are entitled to, visit CIH’s Housing Rights website 🏡
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