§ Earl Russellasked Her Majesty's Government:
What temporary housing is available to those whose exceptional leave to remain has expired and who then become homeless before the date of their removal. [HL727]
§ Lord RookerA person who has been granted exceptional leave will be eligible to apply for further exceptional leave if they have not yet completed four years on this status or to apply for indefinite leave at the four-year point. While many applications for indefinite leave are successful, some will be refused, and while the individual will have a right of appeal against this decision, they will be expected to leave the country if their appeal is unsuccessful.
Persons granted exceptional leave to remain in the UK are eligible for housing benefit and eligible for local authority housing, and therefore have the means to secure a tenancy of accommodation in either the social or private rented sectors. Where such a tenancy is held, the rights of the tenant would not end as a consequence of the expiry of their leave to enter.
Persons who require leave to enter or remain in the UK and who do not have it are not eligible for local authority housing or assistance under the homelessness legislation but in certain circumstances may currently be eligible for local authority assistance under social services legislation. From 8 January 2003, under provisions in the Nationality Immigration and Asylum Act 2002, persons who require leave to enter or remain in the UK and who do not have it will not be eligible for local authority assistance other than assistance to enable them to leave the UK or, in certain circumstances, the provision of temporary accommodation to protect the welfare of a dependent child.