The government’s Immigration Rule says that rough sleepers might have their permission to stay in the UK refused or cancelled.

The government cannot use rough sleeping as a reason to refuse applications to stay in the UK made on the basis of:

• asylum or protection (except children resettled from Europe)
• family life - partners and their children, adult dependent relatives, and parents of settled children
• private life

The rules say you should only be at risk of having your permission to stay in the UK refused or cancelled if you:

• “refuse to engage with the range of available support mechanisms and...engage in persistent anti-social behaviour.”

You can check the government’s guidance on the rough sleeping immigration rules on GOV.UK.

If you are in this situation, the local council could tell the Home Office. The Home Office might then use this information against you in future applications or to cancel your existing leave. For EU, EEA and Swiss nationals it is most likely that this rule will be used for people arriving after 31 December 2020.

The rough sleeping Immigration Rule might be used against people with 'leave outside the rules' or 'discretionary leave', but only in exceptional circumstances. You may be allowed to use public funds and so can access homelessness help and social housing. 'Leave outside the rules' or 'discretionary leave' is most often given to refused asylum seekers who have other reasons for remaining, such as medical treatment.

Winter Nightshelters will not open until October/November

As the Covid-19 pandemic has resulted in all communal night shelters having to remain closed, the number of Winter Night shelters is going to be severely reduced this Autumn. There will also be strict rules, which will include the need for individual rooms and be able to demonstrate double vaccination before entry.

We are expecting to see a higher number of people sleeping on our streets this Autumn.