The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024

CHAPTER 8 Amendments relating to the ordinary residence requirements

Amendments to the 2009 Regulations

31.  In regulation 2(1) (interpretation) (as amended by regulation 10, 19 and 22 of these regulations), after the definition of “course for the initial training of teachers” insert—

““the course start date” means the day on which the first term of the first academic year of a course actually begins;”.

32.  In Part 2 of Schedule 2 (eligible students: categories) ( as amended by regulation 29 of these regulations)—

(a) in paragraph 2A(1)(a)(1) (persons who are settled in the United Kingdom), for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in paragraph 4 (Refugees and their family members)—

(i) in sub-paragraph (1)(c) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(e) for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in paragraph 4A(2) (persons granted section 67 leave), for “the first day of the first academic year of the course” substitute “the course start date”;

(d) in paragraph 4B(3) (persons granted Calais leave), for “the first day of the first academic year of the course” substitute “the course start date”;

(e) in paragraph 4C(4) (persons granted humanitarian protection and their family members)—

(i) in paragraph (1) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(e) for “the first day of the first academic year of the course” substitute “the course start date”;

(f) in paragraph 4D(5) (persons granted indefinite leave to remain as a bereaved partner), for “the first day of the first academic year of the course” substitute “the course start date”;

(g) in paragraph 4E(6) (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), for “the first day of the first academic year of the course” substitute “the course start date”;

(h) in paragraph 4F(7) (persons granted stateless leave and their family members)—

(i) in paragraph (1) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(c) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(i) in paragraph 5(8) (persons with leave to enter or remain on the grounds of discretionary leave and their family members)—

(i) in paragraph (1) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(j) in paragraph 8(1)(c)(9) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the first day of the first academic year of the course” substitute “the course start date”;

(k) in paragraph 8A(1)(d)(10) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the first day of the first academic year of the course” substitute “the course start date”.

(l) in paragraph 15(11) (evacuated or assisted British nationals from Afghanistan), for “the first day of the first academic year of the course” substitute “the course start date”;

Amendments to the 2007 Regulations

33.  In regulation 2 after the definition of “course for the initial training of teachers” insert—

““the course start date” means the day on which the first term of the first academic year of a course actually begins;”.

34.  In Part 2 of the Schedule (qualifying persons: categories) (as amended by regulations 21 and 30 of these regulations)—

(a) in paragraph 2A(1)(a)(12) (persons who are settled in the United Kingdom) for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in paragraph 4 (Refugees and their family members)—

(i) in sub-paragraph (1)(c) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(e) for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in paragraph 4A(13)(c) (persons grated section 67 leave), for “the first day of the first academic year of the course” substitute “the course start date”;

(d) in paragraph 4B(14)(c) (persons granted Calais leave), for “the first day of the first academic year of the course” substitute “the course start date”;

(e) in paragraph 4C(15) (persons granted humanitarian protection and their family members)—

(i) in paragraph (1) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(e) for “the first day of the first academic year of the course” substitute “the course start date”;

(f) in paragraph 4D(16) (persons granted indefinite leave to remain as a bereaved partner), for “the first day of the first academic year of the course” substitute “the course start date”;

(g) in paragraph 4E(17) (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), for “the first day of the first academic year of the course” substitute “the course start date”;

(h) in paragraph 4F(18) (persons granted stateless leave and their family members)—

(i) in paragraph (1) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(b) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(c) for “the first day of the first academic year of the course” substitute “the course start date”;

(i) in paragraph 4H(19) (evacuated or assisted British nationals from Afghanistan), for “the first day of the first academic year of the course” substitute “the course start date”;

(j) in paragraph 5(20) (persons with leave to enter or remain on the grounds of discretionary leave and their family members)—

(i) in paragraph (1) for “the first day of the first academic year of the course” substitute “the course start date”;

(ii) in sub-paragraph (2)(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(iii) in sub-paragraph 3(d) for “the first day of the first academic year of the course” substitute “the course start date”;

(k) in paragraph 8(1)(c) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the day on which the first term of the first academic year actually begins” substitute “the course start date”;

(l) in paragraph 8A(21)(1)(d) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the day on which the first term of the first academic year actually begins” substitute “the course start date”.

(1)

paragraph 2A was inserted by S.R. 2021 No. 85.

(2)

paragraph 4A was substituted by S.R. 2021 No. 50.

(3)

paragraph 4B was substituted by S.R. 2021 No. 50.

(4)

paragraph 4C was substituted by S.R. 2021 No. 50.

(5)

paragraph 4D was substituted by S.R. 2021 No. 50.

(6)

paragraph 4E was substituted by S.R. 2021 No. 50.

(7)

paragraph 4F was substituted by S.R. 2021 No. 50.

(8)

paragraph 5 was substituted by S.R. 2021 No. 50.

(9)

paragraph 8 was amended by S.R. 2020 No. 295.

(10)

paragraph 8A was inserted by S.R. 2021 No. 85.

(11)

paragraph 15 was inserted by S.R. 2022 No. 201.

(12)

paragraph 2A was inserted by S.R. 2021 No. 85 and amended by S.R. 2022 No. 75.

(13)

paragraph 4A was substituted by S.R. 2021 No. 50.

(14)

paragraph 4B was substituted by S.R. 2021 No. 50.

(15)

paragraph 4C was substituted by S.R. 2021 No. 50.

(16)

paragraph 4D was substituted by S.R. 2021 No. 50.

(17)

paragraph 4E was substituted by S.R. 2021 No. 50.

(18)

paragraph 4F was substituted by S.R. 2021 No. 50.

(19)

paragraph 15 was inserted by S.R. 2022 No. 201.

(20)

paragraph 5 was substituted by S.R. 2021 No. 50.

(21)

paragraph 8A was inserted by S.R. 2021 No. 85.