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Regulation 4 Classes prescribed under section 161(2) who are qualifying persons

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The following are the classes of persons prescribed for the purposes of section 161(2) of the Act (allocation only to qualifying persons)—

  • Class A—a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention;

  • Class B—a person—

    1. (i)

      who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and

    2. (ii)

      whose leave is not subject to a condition requiring him to maintain and accommodate himself and any dependants of his without recourse to public funds;

  • Class C—a person who has a current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition other than a person—

    1. (i)

      who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) or persons in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;

    2. (ii)

      who has been resident in the United Kingdom for less than five years beginning from the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and

    3. (iii)

      whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.