The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025

Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

19.—(1) In Part 1, in regulation 2 (interpretation), in the definition of “person granted indefinite leave to remain as a bereaved partner” in paragraph (1)—

(a) in the opening words, for “leave to remain” substitute “leave to enter or remain”;

(b) in paragraph (a)—

(i) in the opening words—

(aa) for “leave to remain” substitute “leave to enter or remain”;

(bb) omit “under any of the following provisions of the immigration rules”;

(ii) in sub-paragraph (i), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules”;

(iii) omit the “or” after sub-paragraph (i);

(iv) in the opening words of sub-paragraph (ii), after “Appendix Bereaved Partner” insert “, under any of the following provisions of the immigration rules”;

(v) after sub-paragraph (ii), but before the “and”, insert—

“(iii) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(iv) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;”.

(2) In Part 1, in regulation 7 (students becoming eligible in the course of an academic year), in paragraph (2)(i), for “leave to remain” substitute “leave to enter or remain”.

(3) In Part 2 of Schedule 1 (eligible students: categories), in paragraph 4E (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b) in sub-paragraph (1), for “leave to remain” substitute “leave to enter or remain”;

(c) in sub-paragraph (2), for “leave to remain”, each time it appears, substitute “leave to enter or remain”;

(d) for sub-paragraph (3) substitute—

“(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a) under the immigration rules, or

(b) in the case of a person referred to in paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.”.