Regulation 8

United Kingdom

F1(1)

The circumstances specified in this regulation are that a person is in the United Kingdom as—

(a)

a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(b)

a person who has been granted, or who is deemed to have been granted, leave outside the rules (the “Immigration Rules”) made under section 3(2) of the Immigration Act 1971 M1 where that leave is—

(i)

discretionary leave to enter or remain in the United Kingdom;

(ii)

leave to remain under the Destitution Domestic Violence concession M2; or

(iii)

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 M3;

(c)

a person who has humanitarian protection granted under the Immigration Rules; F2...

(d)

a person who has been deported, expelled or otherwise removed by compulsion of law from another country to the United Kingdom, but is not a person subject to immigration control as defined by section 115(9) of the Immigration and Asylum Act 1999 F3; or

(e)

(e) a person who has been granted section 67 leave.

(2)

In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016.

Annotations

Textual amendments

F1: Reg. 8(1); reg. 8 renumbered as reg. 8(1) (20.7.2018) by The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018 (S.I. 2018/788), regs. 1, 6(2)(a)
F2: Word in reg. 8(1)(c) omitted (20.7.2018) by virtue of The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018 (S.I. 2018/788), regs. 1, 6(2)(b)
F3: Reg. 8(1)(e)(2) and word inserted (20.7.2018) by The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018 (S.I. 2018/788), regs. 1, 6(2)(c)

Marginal citations

M1: 1971 c. 77.
M2: The Destitution Domestic Violence concession is published by the Home Office at: http://www.ukba.homeoffice.gov.uk.
M3: S.I. 2005/1379 as amended by S.I. 2013/630; there are other amending instruments but none is relevant.