The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 No. 57

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

CHAPTER 2 E+W Relocated Afghan citizens

Eligibility of relocated Afghan citizens E+W

3.  In regulation 2(1)—

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

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971(2), on the basis of the Afghan Citizens Resettlement Scheme; or

(ii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and

(b)

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

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”(3)—

(i) in the opening words and in paragraph (a)(ii) and (iii), after “Assistance” insert “Policy”;

(ii) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

Commencement Information

I1 Reg. 3 in force at 15.2.2022, see reg. 1(1)

4.  In regulation 4(13C)(4), in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I2 Reg. 4 in force at 15.2.2022, see reg. 1(1)

5.  In regulation 17(n)(5) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I3 Reg. 5 in force at 15.2.2022, see reg. 1(1)

6.  In regulation 85(2)(m)(6) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I4 Reg. 6 in force at 15.2.2022, see reg. 1(1)

7.  In regulation 137(11C)(7), in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I5 Reg. 7 in force at 15.2.2022, see reg. 1(1)

8.  In regulation 138(4)(o)(8) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I6 Reg. 8 in force at 15.2.2022, see reg. 1(1)

9.  In regulation 138A(2)(m)(9) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I7 Reg. 9 in force at 15.2.2022, see reg. 1(1)

10.  In regulation 159(16C)(10), in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I8 Reg. 10 in force at 15.2.2022, see reg. 1(1)

11.  In regulation 160(2)(m)(11) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I9 Reg. 11 in force at 15.2.2022, see reg. 1(1)

12.  In Schedule 1, in paragraph 14 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

Commencement Information

I10 Reg. 12 in force at 15.2.2022, see reg. 1(1)

(1)

The definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” was inserted by S.I. 2020/48.

(2)

1971 c. 77 to which there are amendments not relevant to this instrument.

(3)

Definition inserted by S.I. 2021/1348.

(4)

Paragraph (13C) was inserted by S.I. 2021/1348.

(5)

Paragraph (n) was inserted by S.I. 2021/1348.

(6)

Sub-paragraph (m) was inserted by S.I. 2021/1348.

(7)

Paragraph (11C) was inserted by S.I. 2021/1348.

(8)

Sub-paragraph (o) was inserted by S.I. 2021/1348.

(9)

Regulation 138A was inserted by S.I. 2018/472; paragraph (2) was amended by S.I. 2021/127 and S.I. 2021/1348.

(10)

Paragraph (16C) was inserted by S.I. 2021/1348.

(11)

Regulation 160(2) was amended by S.I. 2021/1348.