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The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2023 [“the amending Regulations”] amended eligibility for an allocation of housing and housing assistance provided by local authorities to people affected by the increase in violence in Sudan on 15 April 2023. The amending regulations ensured that the habitual residence test was disapplied for:

  • People subject to immigration control:
    • a person who was residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan;
    • that person has been granted leave in accordance with the immigration rules;
    • that person’s leave is not subject to a condition requiring them to maintain and accommodate themselves, and any person dependent upon them, without recourse to public funds, and
    • their leave was not given as a result of an undertaking that a sponsor would be responsible for the person’s maintenance and accommodation.

However, a person who was sponsored will be eligible for housing assistance if the applicant has been resident in the Common Travel Area for 5 years since the date of entry (or the date of the sponsorship undertaking, whichever is later) or their sponsor(s) have died.

  • People not subject to immigration control:
    • a person who was residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan.

The amending Regulations came into force on 8 June 2023, entitling those affected to be able to apply for social housing or housing assistance.