Date Legislation considered: 06 January 2026
Date Legislation in force: 07 January 2026
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Article 12/13 – Right of residence, Article 23/24 – Equal Treatment
What does the legislation do?
The Housing Allocation Scheme Rules 2026, make provision for the Housing Allocation Scheme (Revised 2026), which is set out in the Schedule to the Rules.
The revised Scheme makes several changes which are not relevant for the purposes of the remit of the IMA. This report is concerned with one element of the Scheme.
The IMA had been concerned for a number of years, that the previous Scheme did not make adequate provision for those citizens resident in Gibraltar, who are residing in accordance with the Withdrawal Agreements, but who had not yet acquired a right of permanent residence. This is because they were unable to join the housing waiting list. The IMA considered this to be incompatible with the Agreements.
The revised Scheme makes provision at paragraph 10.1.2 for persons who at the time of publication of the Scheme, have acquired the right to permanent residence (and have not lost that right) or who have pre-permanent residence rights (less than 5 years residence) to automatically meet the eligibility rules in paragraph 4.1 of the Scheme.
Comments
The IMA is pleased that following extensive discussion with the Government of Gibraltar, it has made changes to the Scheme. Whilst the changes are limited in their practical effect, as the majority of citizens resident in Gibraltar on 31 December 2020 will have acquired permanent residence on 31 January 2025; the changes represent a commitment to uphold the rights of those citizens protected by the Withdrawal Agreements.
Any citizen experiencing difficulties in exercising their rights are encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the website.