OpenLegislation

Regulation 2C Refugees and certain persons with leave to enter and remain in the United KingdomF1F24

England, Wales and Scotland

(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 F5; F6...

(F7f)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules F8, a right F9a 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, F11, 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 Ukraine immediately before 1st January 2022; and

(ii)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022F12; F13...

(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 SudanF14, F15or

(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 attackF16.;

(F17i)

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 F18,

(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, leave to enter or remain in the United Kingdom in accordance with immigration rules or leave on a discretionary basis outside of those rules.

(F191A)

Regulation 2(1)(a)(i) shall not apply where F20any sub-paragraph in paragraph (1) applies to the person.

(F211B)

Where paragraph (1)(i) applies, it will apply for the following periods beginning on the day on which the public information is issued, or the evacuation is started—

(a)

no more than 130 weeks for persons aged 16 years and over;

(b)

no more than 52 weeks for persons aged between 6 months and under 16 years;

(c)

no more than 39 weeks for persons aged under 6 months.

(F221C)

Where paragraph (1)(k) applies, it will apply for the following periods beginning on the day on which the public information is issued, or the evacuation is started no more than—

(a)

130 weeks for persons aged 16 years and over,

(b)

52 weeks for persons aged 6 months and over but under 16 years,

(c)

39 weeks for persons aged under 6 months.

(F232)

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

(2)

For the purposes of this regulation—

  1. (a)

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

  2. (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), 7(3)

F2

Word in reg. 2C(1)(a) omitted: (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)(c); and (E.W.) (16.9.2021) 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)

F3

Reg. 2C(1)(c)-(e) inserted: (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)(c); and (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(b)(4)

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)(c); and (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)(c)

F5

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)(c)

F6

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)(c); (S.) (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

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)(c); and (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)(c)

F8

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)(c)

F9

Words in reg. 2C(1)(f) substituted (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)(2)(c)

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)(c)

F11

Words in reg. 2C(1)(f) inserted (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)(2)(c)

F12

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)(c); (S.) (17.5.2023 at 5.54 p.m.) byThe Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 2(2)(b)

F13

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)(c); (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)(c)

F14

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)(c); (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)(c)

F15

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)(c)

F16

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)(c)

F17

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)(c)

F18

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), 4(3)(a)

F19

Reg. 2C(1A) inserted: (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(8); and (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(7)

F20

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)(c); and (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)(c)

F21

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(3)(4)(c)

F22

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), 4(3)(b)

F23

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)(c)

F24

Reg. 2C heading substituted: (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)(c); and (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(2)(4)

Notes on the whole SI

Textual amendments

F1

1991 c.21 .

F2

1975 c.14 . Sections 37ZA–37ZE were inserted in the Social Security Act 1975, by the Disability Living Allowance and Disability Working Allowance Act 1991; section 166 was amended by the Social Security Act 1989 (c.24) Schedule 8, paragraph 10(1); subsection (3A) was inserted in section 166 by the Social Security Act 1986 (c.50) , section 62(1) ; Schedule 20 is cited because of the meaning it ascribes to the words “Prescribed” and “Regulations”, and for the enabling power contained within the meaning of the word “Child”, which was inserted by the Child Benefit Act 1975 (c.61) , Schedule 4 , paragraph 38 .

F3

1977 c.5 ; section 13 was amended by the Social Security Act 1979 (c.18) Schedule 3, paragraph 29(c) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , section 4 , Schedule 2 , paragraph 8 .