Immigrants: Sleeping Rough

(asked on 19th November 2020) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to the new discretionary power in the Immigration Rules to refuse or cancel a person’s permission to stay in the UK on the basis of that person’s rough sleeping, what guidance is available on safeguards and the permissible use of that discretionary power.


Answered by
Chris Philp Portrait
Chris Philp
Minister of State (Home Office)
This question was answered on 24th November 2020

The new Immigration Rules make provision for the refusal or cancellation of permission to stay in the UK on the basis of rough sleeping. The new rule will apply on a discretionary basis to non-EEA nationals from 1 December 2020 and to newly arriving EEA nationals from 1 January 2021. The provision will be used sparingly and only where individuals have refused support offers such as accommodation and are engaged in persistent anti-social behaviour.

A person is expected to leave the UK if their leave is cancelled or refused, including where they have been refused protection status and have no other legal basis to remain here. If they do not choose to leave voluntarily we may enforce their removal. They will not be subject to deportation action unless they have been convicted of criminal offences other than those relating to immigration, or have demonstrated serious or persistent criminality, or for reasons of national security.

Guidance will be provided for decision-makers to make clear the circumstances in which permission may be cancelled or refused, and this will be available on GOV.UK when the new provision comes into force.

An Equality Impact Assessment was completed for all the Immigration Rules laid on 22 October 2020.

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