The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021

PART 1 Introductory

Citation, commencement, application and extent

1.—(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 and come into force on 23rd December 2021.

(2) The following regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date—

(a) regulation 3 (qualifying conditions for the special support grant);

(b) regulation 4 (omission of references to 2008 cohort students);

(c) regulation 18 and the Schedule (update of amounts specified in the Regulations).

(3) The following regulations apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022 (the “current course”), whether or not anything done under these Regulations is done before, on, or after that date—

(a) regulation 5 (removal of eligibility for UK dual degree programmes);

(b) regulations 7 and 50 (courses for initial training of teachers);

(c) regulations 9, 20, 27, 34, 42, 51 and 58 (Afghan locally employed staff);

(d) regulations 11, 29, 36, 45 and 61 (eligibility of students from British overseas territories);

(e) regulations 12, 23, 28, 35, 44 and 60 (ending of grace period);

(f) regulations 14, 24, 30, 37, 46, 54 and 62 (family members);

(g) regulations 21 and 52 (persons resident in Gibraltar);

(h) regulation 22 (students from British overseas territories: fees and awards);

(i) regulations 48, 64 and 65 (amounts of loan);

(j) regulation 53 (students from British overseas territories: qualifying persons).

(4) In paragraph (2), an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—

(a) on or after 1st January and before 1st April;

(b) on or after 1st April and before 1st July;

(c) on or after 1st July and before 1st August; or

(d) on or after 1st August and on or before 31st December.

PART 2 Amendment of the Education (Student Support) Regulations 2011

CHAPTER 1 Introductory

Amendment of the Education (Student Support) Regulations 2011

2.  The Education (Student Support) Regulations 2011(1) are amended as follows.

CHAPTER 2 Students eligible for benefits

Qualifying conditions for the special support grant

3.  In regulation 61, omit the terminal “or” after paragraph (2)(b), and after that paragraph insert—

“(ba) satisfies one of sub-paragraphs (b)(2) to (e) of regulation 14(1) of the Universal Credit Regulations 2013; or”.

CHAPTER 3 2008 cohort students

Omission of references to 2008 cohort students

4.—(1) In regulation 2(1)—

(a) omit the definition of “2008 cohort student”;

(b) in the definition of “2009 cohort student”, in paragraph (a), omit “and is not a 2008 cohort student”;

(c) in the definition of “2012 cohort student”, in paragraph (a), omit “2008,”;

(d) in the definition of “2016 cohort student”, in paragraph (b), omit “2008,”.

(2) Omit regulation 57.

(3) In regulation 60—

(a) in the heading to the regulation, omit “2008,”;

(b) in paragraph (1), omit “2008,”;

(c) in paragraph (5), omit “2008,”.

(4) Omit regulation 62.

(5) In regulation 65—

(a) in the heading to the regulation, omit “2008,”;

(b) in paragraph (1), omit “2008,”;

(c) in paragraph (5), omit “2008,”.

(6) In regulation 71(1)—

(a) omit sub-paragraph (a);

(b) in sub-paragraph (d), omit “2008,”.

(7) Omit regulation 72.

(8) In regulation 77—

(a) in the heading to the regulation, omit “2008,”;

(b) in paragraph (1), omit “2008,”.

(9) In regulation 81—

(a) in paragraph (1), omit “2008,”;

(b) in paragraph (3), omit “2008,”;

(c) in paragraph (4), omit “2008,”.

(10) In regulation 87(1), omit “2008,”.

(11) In regulation 88—

(a) in paragraph (1), omit “2008,”;

(b) in paragraph (2), omit “2008,”.

(12) In regulation 100—

(a) in the heading to the regulation, omit “2008,”;

(b) omit “2008,”.

(13) In regulation 101—

(a) in the heading to the regulation, omit “2008,”;

(b) omit “2008,”.

(14) In regulation 103, in the heading to the regulation, omit “2008,”.

(15) In Schedule 4 (financial assessment), in paragraph 9(1A), omit “2008,”.

CHAPTER 4 Dual degree eligibility

Removal of eligibility for UK dual degree programmes

5.—(1) In regulation 2(1), at the appropriate place in the alphabetical order, insert—

““UK dual degree programme” means a single course of study offered by an institution in the United Kingdom leading to the award by that institution of two first degrees, other than a full-time course leading to a qualification as a—

(a)

medical doctor;

(b)

dentist;

(c)

veterinary surgeon;

(d)

architect;

(e)

landscape architect;

(f)

landscape designer;

(g)

landscape manager;

(h)

town planner; or

(i)

town and country planner;”.

(2) In regulation 5—

(a) in paragraph (1), in the opening words(3), for “and (6)” substitute “, (6) and (6A),”;

(b) after paragraph (6), insert—

“(6A) A UK dual degree programme is not a designated course.”.

(3) In regulation 139—

(a) in paragraph (1), in the opening words(4), for “and (5)” substitute “, (5), (5A) and (5B)”;

(b) after paragraph (5A), insert—

“(5B) A UK dual degree programme is not a designated part-time course.”.

CHAPTER 5 Students in apprenticeships

Non-eligibility for students undertaking apprenticeships

6.—(1) In regulation 4(3), before sub-paragraph (a), insert—

“(za) A is studying on a course as part of an apprenticeship;”.

(2) In regulation 137(3), before sub-paragraph (a), insert—

“(za) A is studying on a course as part of an apprenticeship;”.

(3) In regulation 159, after paragraph (4)(aa), insert—

“(ab) A is studying on a course as part of an apprenticeship;”.

CHAPTER 6 Courses for initial training of teachers

Revised definition of “course for the initial training of teachers” and entitlement to fee loans

7.—(1) In regulation 2(1)—

(a) for the definition of “course for the initial training of teachers”, substitute—

““course for the initial training of teachers” means—

(a)

a course of initial teacher training—

(i)

undertaken in England and leading to the recommendation of qualified teacher status in England;

(ii)

undertaken in Wales and accredited as initial teacher training by the Education Workforce Council(5);

(iii)

undertaken in Scotland and accredited as initial teacher training by the General Teaching Council for Scotland(6);

(iv)

undertaken in Northern Ireland and accredited as initial teacher training by the General Teaching Council for Northern Ireland(7); or

(b)

a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education,

and includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;;”;

(b) after the definition of “qualified teacher” insert—

““qualified teacher learning and skills status” means the status held by a person who is outside the definition of “qualified teacher” in this regulation by virtue of that person falling within the proviso described in paragraphs (a) and (b) of that definition;”.

(2) In regulation 12—

(a) in paragraph (4)(b), omit the words from “where the current course” to the end (but not the terminal “and”);

(b) after paragraph (4), insert—

“(4ZA) Paragraph (4) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

(3) In regulation 13—

(a) in paragraph (2)(b), omit the words from “where the current course” to the end (but not the terminal “and”);

(b) after paragraph (2), insert—

“(2ZA) Paragraph (2) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

(4) In regulation 144—

(a) in paragraph (6)(a), omit “which started on or after 1st September 2012”;

(b) after paragraph (6) insert—

“(6A) Paragraph (6) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

CHAPTER 7 Loan support following an error

Support following an error in applying the rules on equivalent or lower qualifications and previous study

8.—(1) In regulations 13(3A)(c)(8) and 69(2A)(c), for “an academic year of the current course”, and in regulations 144(8)(c) and 157B(8)(c), for “the current part-time course” substitute—

“—

(i) the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(ii) the academic year of the current course during which the determination by the Secretary of State is made; or

(iii) an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination”.

(2) In regulation 19(9)—

(a) in paragraph (9A)—

(i) in the opening words, for “paragraphs (9B) to (9E)” substitute “this paragraph and paragraphs (9D) and (9E)”;

(ii) in sub-paragraph (b)(iii) for “an academic year of the current course”, substitute—

“—

(aa) the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(bb) the academic year of the current course during which the determination by the Secretary of State is made;

(cc) an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination”;

(b) omit paragraphs (9B) and (9C);

(c) in paragraph (9D) for “Paragraphs (9B) and (9C) do” substitute “Paragraph (9A)(b)(iii) does”.

CHAPTER 8 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff

9.—(1) In regulation 2(1), at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971(10);

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 4—

(a) in paragraph (2)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (13B)(11), insert—

“(13C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) was—

(i) an eligible student in connection with an application for support for—

(aa) an earlier year of the current course;

(bb) an application for support for a course in relation to which the current course is an end-on course; or

(cc) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.

(3) In regulation 17(12), move the terminal “or” from after paragraph (l) to after paragraph (m) and after that paragraph insert—

“(n) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”

(4) In regulation 85(2)(13), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that sub-paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(5) In regulation 137—

(a) in paragraph (2)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (11B)(14), insert—

“(11C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.

(6) In regulation 138(4)(15), move the terminal “or” from after sub-paragraph (m) to after sub-paragraph (n) and after that sub-paragraph insert—

“(o) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(7) In regulation 138A(2)(16), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that sub-paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(8) In regulation 159—

(a) in paragraph (3)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (16B)(17), insert—

“(16C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) was an eligible postgraduate student in connection with—

(i) an application for support for an earlier year of the current postgraduate course; or

(ii) an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.

(9) In regulation 160(2)(18), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that sub-paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(10) In Schedule 1 (eligible students), after paragraph 13, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

14.   A person granted leave under the Afghan Relocations and Assistance Scheme, who is ordinarily resident in England on the first day of the first academic year of the course.”.

CHAPTER 9 Long residence

Eligibility on the basis of long residence

10.  In Schedule 1 (eligible students), in paragraph 13(1)(b), after “in England”, insert “on the first day of the first academic year of the course”.

CHAPTER 10 Students from British overseas territories

Eligibility of students from British overseas territories

11.—(1) In regulation 4(2)(a)(19), after “9BA,” insert “9BB,”.

(2) In regulation 17(d)(20), for “or 9D(1)(a)” substitute “, 9D(1)(a) or 9D(2)(a)”.

(3) In regulation 38(3)(21), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(4) In regulation 69(3)(a)(22), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(5) In regulation 137(2)(a)(23), after “9BA,” insert “9BB,”.

(6) In regulation 138(4)(d)(24), for “or 9D(1)(a)” substitute “, 9D(1)(a) or 9D(2)(a)”.

(7) In regulation 147(2)(a)(25), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”

(8) In regulation 157B(2)(a)(26), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”

(9) In regulation 159(8)(27), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10ZA(d)(ii), 11A(c)(ii) and 12A(d)(ii).”

(10) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(28), for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B, 9D or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled”, insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(4) substitute—

“(4) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

(c) A’s parent; or,

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(5) substitute—

“(5) For the purposes of sub-paragraph (4), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)(29), for the words from “ordinarily resident” to the end substitute—

“ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) the overseas territories.”.

(e) in paragraph 6A(30), for sub-paragraph (1)(c) substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories, where at least part of that ordinary residence was in the overseas territories.”;

(f) in paragraph 7A(31), for sub-paragraph (1)(b) substitute—

“(b) has been ordinarily resident throughout the three-year period preceding the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(g) in paragraph 9A(1)(32)—

(i) in paragraph (c)—

(aa) omit “Gibraltar,”;

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar,”;

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 9A(2)—

(i) omit “Gibraltar,”;

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 9BA(33) insert—

“9BB.— (1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course;

(b) who is—

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;

(e) who did not move to England from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(4).”.

(j) for paragraph 9D substitute—

“9D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar; or

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is —

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is —

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(4).”.

(k) in paragraph 10ZA(d)(34), for the words from “ordinarily resident” to the end substitute—

“ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) the overseas territories.”;

(l) in paragraph 11A(35)—

(i) for sub-paragraph (c), substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(m) in paragraph 12A(36), for sub-paragraph (d) substitute—

“(d) has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories where at least part of that ordinary residence was in the overseas territories.”.

CHAPTER 11 Ending of grace period

Omission of references to grace period

12.—(1) In regulation 2(1)—

(a) omit the definition of “grace period”;

(b) in the definition of “person with protected rights”, omit paragraph (1)(a)(iii).

(2) In regulations 4(13B)(a), 137(11B)(a) and 159(16B)(a)(37)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

CHAPTER 12 Designation of courses

Designation of courses

13.  In regulation 5(1)(e), in the opening words, for “7 or 8” substitute “7, 8, 9, 10 or 11”(38).

CHAPTER 13 Family members

Family members

14.  In Schedule 1, in paragraph 9C(1)(a), for “a United Kingdom national” substitute “settled in the United Kingdom”.

CHAPTER 14 Spent provisions

Omission of spent provisions

15.—(1) In regulation 4, omit paragraph (14).

(2) In regulation 90(39), omit “Subject to regulation 90A,”.

(3) Omit regulation 90A.

(4) In regulation 157F(4), omit “Subject to regulation 157FA”.

(5) Omit regulation 157FA.

CHAPTER 15 Amendment of definition of person granted Calais leave

Persons granted Calais leave

16.  In regulation 2(1), in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 16 Students treated as attending a course and payments of loans for living costs

Students treated as attending a course and payment of loans for living costs

17.—(1) In regulation 18(2)(40)—

(a) in sub-paragraph (a), for “student undertaking an intensive course” substitute “compressed degree student”;

(b) in sub-paragraph (b)(i), for “student undertaking an intensive course” substitute “compressed degree student”.

(2) In regulation 39(2)—

(a) in sub-paragraph (a), for “student undertaking an intensive course” substitute “compressed degree student”;

(b) in sub-paragraph (c)(i), for “student undertaking an intensive course” substitute “compressed degree student”.

(3) In regulation 82(2)(a), for “student undertaking an intensive course” substitute “compressed degree student”.

(4) In regulation 86(2)—

(a) in sub-paragraph (a), for “student undertaking an intensive course” substitute “compressed degree student”;

(b) in sub-paragraph (c)(i), for “student undertaking an intensive course” substitute “compressed degree student”.

CHAPTER 17 Update of amounts specified in Regulations

18.  The Schedule to these Regulations makes provision to update amounts specified in the Education (Student Support) Regulations 2011.

PART 3 Corresponding amendments to other Regulations

CHAPTER 1 Amendment of the Education (Fees and Awards) (England) Regulations 2007

SECTION 1 Introductory

Amendment of the Education (Fees and Awards) (England) Regulations 2007

19.  The Education (Fees and Awards) (England) Regulations 2007(41) are amended as follows.

SECTION 2 Afghan locally employed staff

Afghan locally employed staff: fees and awards

20.—(1) In each of the regulations listed in sub-paragraphs (a) to (g)(42), in the appropriate place insert “, 5A”—

(a) regulation 4(1)(a);

(b) regulation 5(1)(b) and (c);

(c) regulation 6(1)(b)(i) and (c)(i);

(d) regulation 7(1) and (2);

(e) regulation 8(1)(a) and (2)(a);

(f) regulation 9(1)(a) and (2)(a);

(g) regulation 9A(1) and (2).

(2) In Schedule 1—

(a) in paragraph 1(1), at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(b) after paragraph 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

SECTION 3 Students from British overseas territories

Persons resident in Gibraltar

21.—(1) In regulation 4(1B)(43) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(2) In regulation 5(2) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(3) In regulation 6(1C) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(4) In regulation 7(3) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(5) In regulation 8(4) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(6) In regulation 9(4) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(7) In regulation 9A(4) for “9B and 9BA” substitute “9B, 9BA and 9E”.

Students from British overseas territories: fees and awards

22.  In Schedule 1

(a) in paragraph (1), in paragraph (e) of the definition of “family member”(44), for “paragraphs 9, 9B, 9C, 9D and 9E” substitute “paragraphs 9, 9B, 9E or for the purposes of paragraphs 9C and 9D in relation to a person settled in the United Kingdom”;

(b) in paragraph 9C(1)(a)—

(i) in sub-paragraph (i), for “a United Kingdom national” substitute “a person who is settled in the United Kingdom”;

(ii) in sub-paragraph (ii), at the end insert “, or who would be such a person if they were ordinarily resident in the United Kingdom”.

SECTION 4 Ending of grace period

Omission of references to grace period: fees and awards

23.  In Schedule 1—

(a) in paragraph 1(1)—

(i) omit the definition of “grace period”;

(ii) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(b) omit paragraph 3(1)(a)(iii).

SECTION 5 Family members

Family members

24.  In Schedule 1, in paragraph 9D(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Persons granted Calais leave

Persons granted Calais leave

25.  In Schedule 1, in paragraph 4D(b)(45), for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 2 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

SECTION 1 Introductory

Amendment of the Education (Student Support) (European University Institute) Regulations 2010

26.  The Education (Student Support) (European University Institute) Regulations 2010(46) are amended as follows.

SECTION 2 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: European University Institute

27.—(1) In regulation 9—

(a) in paragraph (2)(b)(i)(47), after “5” insert “, 5A”;

(b) after paragraph (11B)(48) insert—

“(11C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) was an eligible person in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support for a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.

(2) In Schedule 1 (eligible students)—

(a) in paragraph 1(1), at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(b) after paragraph 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in England on the relevant date.”.

SECTION 3 Ending of grace period

Omission of references to grace period: European University Institute

28.—(1) In regulation 3(1)—

(a) omit the definition of “grace period”;

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 9(11B)(a)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 4 Students from British overseas territories

Eligibility of students from British overseas territories

29.—(1) In regulation 9(2)(b)(i)(49) after “9BA,” insert “9BB,”.

(2) In regulation 17(2) for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(3) In regulation 19(2), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(4) In regulation 22(3), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(5) In regulation 24(2), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(6) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(50) for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B and 9D, or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “Member State” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(7) substitute—

“(7) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

(c) A’s parent; or,

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(8) substitute—

“(8) For the purposes of sub-paragraph (7), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d), for the words from “ordinarily resident” to the end substitute—

“ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) the overseas territories.”;

(e) in paragraph 6A, for sub-paragraph (1)(c), substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(f) in paragraph 7A, for sub-paragraph (1)(b) substitute—

“(b) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(g) in paragraph 9A—

(i) in sub-paragraph (1)(c)—

(aa) omit “Gibraltar,”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in sub-paragraph (1)(d)—

(aa) omit “Gibraltar,”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(iii) in sub-paragraph (2)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) after paragraph 9BA(51) insert—

“9BB.— (1) A person—

(a) who is settled in the United Kingdom on the relevant date;

(b) who is ordinarily resident in England on the relevant date;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the relevant date;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the relevant date; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(7).”;

(i) For paragraph 9D substitute—

“9D.— (1) A person—

(a) who on the relevant date is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is ordinarily resident in England on the relevant date;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who on the relevant date is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is ordinarily resident in England on the relevant date;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the relevant date; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(7).”;

(j) in paragraph 10ZA(d)(52)—

(i) omit “Gibraltar,”; and

(ii) for “and Switzerland” substitute “Switzerland and the overseas territories”;

(k) in paragraph 11A, for sub-paragraph (c), substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories.”;

(l) in paragraph 12A, for sub-paragraph (d) substitute—

“(d) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories where at least part of that ordinary residence was in the overseas territories.”.

SECTION 5 Family members

Family members

30.  In Schedule 1, in paragraph 9C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Eligibility

Eligibility

31.  In Schedule 1, for “first day of the first academic year of the course” substitute “relevant date” in paragraph 2A(1)(c)(53).

SECTION 7 Amendment of definition of person granted Calais leave

Persons granted Calais leave

32.  In regulation 3(1), in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 3 Amendment of the Further Education Loans Regulations 2012

SECTION 1 Introductory

Amendment of the Further Education Loans Regulations 2012

33.  The Further Education Loans Regulations 2012(54) are amended as follows.

SECTION 2 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: further education loans

34.—(1) In regulation 2(1), at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 3—

(a) in paragraph (2)(a)(i), after “5,” insert “5A,”;

(b) after paragraph (8) insert—

“(8A) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

A’s status as an eligible student terminates immediately before the first day of the course.”.

(3) In regulation 7(55), move the terminal “or” from after paragraph (k) to after paragraph (l) and after that paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In Schedule 1 (eligible students), after paragraph 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in the United Kingdom on the first day of the designated further education course.”.

SECTION 3 Ending of grace period

Omission of references to grace period: further education loans

35.—(1) In regulation 2(1) of the Further Education Loans Regulations 2012—

(a) omit the definition of “grace period”;

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 3(10)(a)(56)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 4 Students from British overseas territories

Eligibility of students from British overseas territories

36.—(1) In regulation 3(2)(a)(i) after “9BA,” insert “9BB,”.

(2) In regulation 7(d)(57), for “or 9D(1)(a)” substitute “, 9D(1)(a) or (2)(a)”.

(3) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(58) for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B and 9D, or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(5) substitute—

“(5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

(c) A’s parent; or,

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(6) substitute—

“(6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(e) in paragraph 6A(1)(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(f) in paragraph 7A(1)(b)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(g) in paragraph 9A(1)—

(i) in paragraph (c)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 9A(2)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 9BA(59) insert—

“9BB.   A person—

(a) who is settled in the United Kingdom on the first day of the designated further education course;

(b) who is attending or undertaking a designated further education course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the designated further education course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the designated further education course;

(e) who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook immediately before undertaking the current course; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).”;

(j) for paragraph 9D(60) substitute—

“9D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is attending or undertaking a designated further education course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is attending or undertaking a designated further education course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the designated further education course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).”;

(k) in paragraph 10A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(l) in paragraph 11A(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(m) in paragraph 12A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Turkey” substitute “, Turkey and the overseas territories”.

SECTION 5 Family members

Family members

37.  In Schedule 1, in paragraph 9C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Amendment of definition of person granted Calais leave

Persons granted Calais leave

38.  In regulation 2(1), in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”.

SECTION 7 Long residence

Long residence

39.  In Schedule 1, in paragraph 13(1)(b), at the end insert “on the first day of a designated further education course”.

CHAPTER 4 Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

SECTION 1 Introductory

Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

40.  The Education (Postgraduate Master’s Degree Loans) Regulations 2016(61) are amended as follows.

SECTION 2 Students in apprenticeship funding

Removal of eligibility for students in apprenticeships: Master’s degrees

41.  In regulation 3(3), after sub-paragraph (f)(62), insert—

“(fa) A is studying on a course as part of an apprenticeship;”.

SECTION 3 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: Master’s degrees

42.—(1) In regulation 2(1), at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom in the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 3(2)(a)(63), after “5,” insert “5A,”.

(3) In regulation 8(64), move the terminal “or” after paragraph (l) to after paragraph (m) and after that paragraph insert—

“(n) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In Schedule 1 (eligible students) after paragraph 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in England on the first day of the first academic year of the course.”.

SECTION 4 Long residence

Eligibility on the basis of long residence: Master’s degrees

43.  In Schedule 1 (eligible students), in paragraph 13(1)(b), after “in England”, insert “on the first day of the first academic year of the course”.

SECTION 5 Ending of grace period

Omission of references to grace period: Master’s degrees

44.—(1) In regulation 2(1)—

(a) omit the definition of “grace period”;

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 3(9)(a)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 6 Students from British overseas territories

Eligibility of students from British overseas territories

45.—(1) In regulation 3(2)(a) after “9BA,” insert “9BB,”.

(2) In regulation 8(d)(65), for “or 9D(1)(a)” substitute “, 9D(1)(a) or (2)(a)”.

(3) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(66), for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B and 9D and for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(5) substitute—

“(5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner; or

(c) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(6) substitute—

“(6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(e) in paragraph 6A(1)(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(f) in paragraph 7A(1)(b)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(g) in paragraph 9A(1)—

(i) in paragraph (c)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 9A(2)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 9BA(67) insert—

“9BB.— (1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;

(e) who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).”;

(j) for paragraph 9D(68) substitute—

“9D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).”;

(k) in paragraph 10A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(l) in paragraph 11A(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(m) in paragraph 12A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Turkey” substitute “, Turkey and the overseas territories”.

SECTION 7 Family members

Family members

46.  In Schedule 1, in paragraph 9C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 8 Amendment of definitions

Definitions

47.  In regulation 2(1)—

(a) in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”;

(b) in paragraph (b) of the definition of “person granted section 67 leave” for “throughout the three-year period preceding the first day of the first academic year of the course” substitute “since the person was granted such leave”.

SECTION 9 Amounts of loan

Update of amount of loan

48.  In regulation 12(1) and (2)(69) for “£11,570” substitute “£11,836”.

CHAPTER 5 Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

SECTION 1 Introductory

Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

49.  The Higher Education (Fee Limit Condition) (England) Regulations 2017(70) are amended as follows.

SECTION 2 Courses for initial training of teachers

Courses for initial training of teachers: qualifying persons

50.  In regulation 5—

(a) in paragraph (2)(a)(i), omit “(including such a course leading to a first degree)”;

(b) after paragraph (2), insert—

“(2A) Paragraph (2)(a) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

(c) after paragraph (3)(e), insert—

“(f) “qualified teacher learning and skills status” means the status held by a person who is outside the definition of “qualified teacher” in this regulation by virtue of that person falling within the proviso described in paragraphs (i) and (ii) of that definition;

(g) “course for the initial training of teachers” has the same meaning as in regulation 2(1) of the Education (Student Support) Regulations 2011.”.

SECTION 3 Afghan locally employed staff

Afghan locally employed staff: qualifying persons

51.—(1) In regulation 2, at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 4(4)(a)(71), after “5E,” insert “5F,”.

(3) In regulation 6(2)(72), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In the Schedule (qualifying persons), after paragraph 5E, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5F.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

SECTION 4 Students from British overseas territories

Persons resident in Gibraltar

52.  In regulation 4(6)(73), for “9A, 10B and 10BA” substitute “9A, 10B, 10BA and 10E”.

Students from British overseas territories: qualifying persons

53.  In the Schedule—

(a) in paragraph 1(1), in paragraph (e) of the definition of “family member”(74) for “paragraphs 10, 10B, 10C, 10D and 10E” substitute “paragraphs 10, 10B and 10E and for the purposes of paragraphs 10C and 10D in relation to persons settled in the United Kingdom”

(b) in paragraph 10C(1)(a)—

(i) in sub-paragraph (i), for “a United Kingdom national” substitute “a person who is settled in the United Kingdom”;

(ii) in sub-paragraph (ii), at the end insert “, or who would be such a person if they were ordinarily resident in the United Kingdom”.

SECTION 5 Family members

Family members

54.  In the Schedule, in paragraph 10D(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Amendment to definition of person granted Calais leave

Persons granted Calais leave

55.  In regulation 2(bbb)(75), in paragraph (ii) of the definition of “person granted Calais leave” for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 6 Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018

SECTION 1 Introductory

Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018

56.  The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018(76) are amended as follows.

SECTION 2 Students in apprenticeship funding

Removal of eligibility for students in apprenticeships: Doctoral degrees

57.  In regulation 3(3), after sub-paragraph (f), insert—

“(fa) A is studying on a course as part of an apprenticeship;”.

SECTION 3 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: Doctoral degrees

58.—(1) In regulation 2(1), at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 3(2)(a)(77) after “6,” insert “6A,”.

(3) In regulation 8(78), move the terminal “or” from after paragraph (l) to after paragraph (m) and after that paragraph insert—

“(n) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In Schedule 1 (eligible students), after paragraph 6, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

6A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in England on the first day of the first academic year of the course.”.

SECTION 4 Long residence

Eligibility on the basis of long residence: Doctoral degrees

59.  In Schedule 1 (eligible students), in paragraph 14(1)(b), after “in England”, insert “on the first day of the first academic year of the course”.

SECTION 5 Ending of grace period

Omission of references to grace period: Doctoral degrees

60.—(1) In regulation 2(1)—

(a) omit the definition of “grace period”;

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 3(12)(a)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 6 Students from British overseas territories

Eligibility of students from British overseas territories

61.—(1) In regulation 3(2)(a) after “10BA,” insert “10BB,”.

(2) In regulation 8(d)(79), for “or 10D(1)(a)” substitute “, 10D(1)(a) or 10D(2)(a)”.

(3) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(80) for “paragraphs 10, 10B, 10C and 10D” substitute “paragraphs 10, 10B and 10D, and for the purposes of paragraph 10C in relation to persons settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

“overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(5) substitute—

“(5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner; or

(c) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(6) substitute—

“(6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(e) in paragraph 7A(1)(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(f) in paragraph 8A(1)(b)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(g) in paragraph 10A(1)—

(i) in paragraph (c)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 10A(2)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 10BA(81) insert—

“10BB.— (1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;

(e) who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).”;

(j) for paragraph 10D(82) substitute—

“10D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).”;

(k) in paragraph 11A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(l) in paragraph 12A(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(m) in paragraph 13A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Turkey” substitute “, Turkey and the overseas territories”.

SECTION 7 Family members

Family members

62.  In Schedule 1, in paragraph 10C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 8 Amendment of definitions

Definitions

63.  In regulation 2(1)—

(a) in paragraph (b) of the definition of “person granted Calais leave” for “first granted such leave” substitute “granted such leave to remain”;

(b) in paragraph (b) of the definition of “person granted section 67 leave” for “throughout the three-year period preceding the first day of the first academic year of the course” substitute “since the person was granted such leave”.

SECTION 9 Amounts of loan

Amount of the postgraduate doctoral degree loan

64.  In regulation 12(1)(a)(83) for “£27,265” substitute “£27,892”.

Payment of postgraduate doctoral degree loans

65.  In regulation 13(4)(84) for “£11,570” substitute “£11,836”.

Michelle Donelan

Minister of State

Department for Education

30th November 2021