OpenLegislation

Regulation 2C Refugees and certain persons with leave to enter or remain in the United KingdomF1F23

England and Wales

(1)

Regulation 2(1)(a)(iii) shall not apply where the person has—

(a)

been granted refugee status or humanitarian protection under the immigration rules; F2...

(b)

leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules

(F3c)

leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

(i)

the Afghan Relocations and Assistance Policy; or

(ii)

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(d)

been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); F4...

(e)

leave granted under the Afghan Citizens Resettlement Scheme F5F6... F7; F8...

(f)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules F9, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 F10or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—

(i)

was residing in Ukraine immediately before 1st January 2022; and

(ii)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022F11; F12...

(g)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—

(i)

was residing in Sudan before 15th April 2023; and

(ii)

left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan F13, F14or

(h)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—

(i)

was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii)

left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attackF15.;

(F16i)

met conditions A to D.

  • Condition A

    The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

    1. (a)

      provided public information to advise British nationals to leave that country or territory, or

    2. (b)

      arranged the evacuation of British nationals from that country or territory.

  • Condition B

    The person has left that country or territory.

  • Condition C

    The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

  • Condition D

    The person—

    1. (a)

      has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

    2. (b)

      does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

    3. (c)

      has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

    4. (d)

      has leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(j)

as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules F17,

(k)

met conditions A to D,

Condition A

The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

(i)

provided public information to advise British nationals to leave that country or territory, or

(ii)

arranged the evacuation of British nationals from that country or territory,

Condition B

The person has left that country or territory.

Condition C

The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition D

The person—

(i)

has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(ii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(iii)

has leave to enter or remain in the United Kingdom in accordance with immigration rules, or

(iv)

has leave on a discretionary basis outside of immigration rules, or

(l)

as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with the immigration rules or leave on a discretionary basis outside of those rules.

(F181A)

Regulation 2(1)(a)(i) shall not apply where F19any sub-paragraph in paragraph (1) applies to the person.

(F201B)

Where paragraph (1)(i) of this regulation applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.

(F211C)

Where paragraph (1)(k) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.

(2)

F22For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.

For the purposes of this regulation—

(a)

“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,

(b)

“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.

Annotations

Textual amendments

F1

Reg. 2C inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 6(3)

F2

Word in reg. 2C(1)(a) omitted (E.W.) (15.9.2021) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(a)(4); (S.) (15.9.2021) by virtue of The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(a)(5)(b)

F3

Reg. 2C(1)(c)-(e) inserted (E.W.) (15.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(b)(4)(b); (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(b)(5)(b)

F4

Word in reg. 2C(1)(d) omitted (E.W.) (22.3.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(2)(a)(4)(b); (S.) (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(2)(a)(4)(b)

F5

Reg. 2C(1)(f) and word inserted (E.W.) (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(2)(b)(4)(b); (S.) (22.3.2022 at 5.40 p.m.) by The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(2)(b)(4)(b)

F6

Word in reg. 2C(1)(e) omitted (17.5.2023 at 5.54 p.m.) by virtue of The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 2(2)(a)

F7

Word in reg. 2C(1)(e) substituted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(a)(2)(b)

F8

Word in reg. 2C(1)(e) omitted (E.W.) (15.5.2023) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 4(1)(a)(2)(b)

F9

Words in reg. 2C(1)(f) substituted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(b)(i)(2)(b); (S.) (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 6(1)(a)

F10

Words in reg. 2C(1)(f) inserted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(b)(ii)(2)(b); (S.) (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 6(1)(b)

F11

Reg. 2C(1)(g) and word inserted (E.W.) (15.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 4(1)(b)(2)(b); (S.) (17.5.2023 at 5.54 p.m.) by The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 2(2)(b)

F12

Word in reg. 2C(1)(f) omitted (S.) (26.10.2023 at 5.38 p.m.) by virtue of The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 2(2)(a)(3)(b); (E.W.) (27.10.2023) by virtue of The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 10(1)(a)(2)(b)

F13

Reg. 2C(1)(h) and word inserted (S.) (26.10.2023 at 5.38 p.m.) by The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 2(2)(b)(3)(b); (E.W.) (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 10(1)(b)(c)(2)(b)

F14

Word in reg. 2C(1)(g) omitted (E.W.) (18.7.2025) by virtue of The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(a)(4)(b)

F15

Reg. 2C(1)(h): semicolon substituted for full stop (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(b)(4)(b)

F16

Reg. 2C(1)(i)(j) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(c)(4)(b)

F17

Reg. 2C(1)(k)(l) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 3(3)(a)

F18

Reg. 2C(1A) inserted (E.W.) (15.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(6); (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(7)

F19

Words in reg. 2C(1A) substituted (E.W.) (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(3)(4)(b); (S.) (22.3.2022 at 5.40 p.m.) by The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(3)(4)(b)

F20

Reg. 2C(1B) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(2)(4)(b)

F21

Reg. 2C(1C) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 3(3)(b)

F22

Reg. 2C(2) substituted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(4)(5)(b)

F23

Reg. 2C heading substituted (E.W) (15.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(2)(4); (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(2)(5)(b)

Notes on the whole SI

Textual amendments

F1

1975 c.14. Section 35(1) was amended by section 2(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) (“the 1991 Act”). Subsection (2) was amended by section 2(2) of the Social Security Act 1979 (c.18) (“the 1979 Act”) and section 10 of and Schedule 4 to the 1979 Act. Subsection (2A) was inserted by section 2(3) and (6) of the 1979 Act. Subsection (4A) was inserted by paragraph 8 of Schedule 1 to the Social Security Act 1980 (c.30). Schedule 20 is cited for the meaning it ascribes to the words “prescribed” and “regulations”.

F2

See the Social Security Act 1980 (c.30), section 10 and paragraph 12(3) of Schedule 3.