The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021

Amendments relating to persons granted stateless leave and their family members

15.  The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 are amended as follows —

(a) In sub-paragraph (c) of regulation 5(1)—

(i) after “4A” insert “4B, 4C, 4D, 4E, 4F”;

(b) in paragraph 1(1) of Schedule 1, after the definition of “persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse” insert—

““person granted stateless leave” means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.”;

(c) after paragraph 4E (as inserted by these regulations), insert—

“Persons granted stateless leave and their family members

4F.   —

(1) A person granted stateless leave who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of the person granted stateless leave; and

(b) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of the person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of the person granted stateless leave;

(b) who was under 18 years of age on the leave application date; and

(c) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).”