Transition at 18
Are former unaccompanied asylum seeking children eligible for social housing once they have turned 18?
Any former Unaccompanied Asylum Seeking Child who has current leave indefinite leave to remain, humanitarian protection, discretionary leave(or exceptional leave to remain if granted before 1st April 2003) has the same rights to housing as a British Citizen and are therefore eligible for housing allocation. This includes those who have an in-time application for further leave to remain outstanding (not yet decided) or who have an appeal from a refusal of further leave to remain outstanding (irrespective of the type of further leave requested).
Allocation rules include, but are not limited to council housing. A local authority allocates housing accommodation when they:
(a) select a person to be a secure or introductory tenant of housing accommodation held by them;
(b) nominate a person to be a secure or introductory tenant of housing accommodation held by another person or;
(c) nominate a person to be an assured tenant of housing accommodation held by a registered social landlord. [1]
A local authority may not allocate accommodation (as defined above) to a person 'subject to immigration control' within the meaning of the Housing Act 1996 unless s/he is within a prescribed class.[2] [3].
Regulation 3 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 prescribes those classes of people 'subject to immigration control' who are nevertheless eligible for social housing. This includes people with limited leave who fall under Class B:
'Class B - a person -
(i) who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules ; and
(ii) who is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependant on him, without recourse to public funds.'
It should be noted that although this provision refers to exceptional leave to enter or remain, this should be understood as including all people granted leave outside the rules, e.g. people with discretionary leave and humanitarian protection.
It should also be noted that the grant of discretionary leave to unaccompanied asylum seeking children (under the UASC policy on DL) is granted without limitation on recourse to public funds.
Where an application for further leave to remain (of any kind) is made before the expiry of a period of DL , the DL is continued until that application is determined and, if refused, any appeal is finally determined. [4]
It follows that a person with DL [5]falls under Class B and is eligible for the allocation of social housing.
A former unaccompanied asylum seeking child who did not make an application for further leave (of any kind) prior to the expiry of his/her existing leave will not be eligible for social housing even if they later apply for further leave.
Notes
[1] Housing Act 1996, section 159(2)
[2] ibid section 160A
[4] Immigration Act 1971, section 3C
[3] A person who requires leave to remain is a person subject to immigration control under this act - whether or not he has that leave
[5] Whether as granted by the Home Office or as extended by statute under section 3C of the Immigration Act 1971
