The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

SECTION 3 Qualifying persons

Amendments relating to the ordinary residence requirements for existing protected categories

104.—(1) Part 2 of the Schedule (qualifying persons: categories)(1) is amended as follows.

(2) In paragraph 5 (refugees and their family members)—

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

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

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

(3) In paragraph 5A (persons granted stateless leave and their family members)—

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

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

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

(4) In paragraph 5B(b) (persons granted section 67 leave), for “the first day of the first academic year of the course” substitute “the course start date”.

(5) In paragraph 5C (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), for “the first day of the first academic year of the course” substitute “the course start date”.

(6) In paragraph 5D (persons granted Calais leave), for “the first day of the first academic year of the course” substitute “the course start date”.

(7) In paragraph 5E (persons granted indefinite leave to remain as a bereaved partner), for “the first day of the first academic year of the course” substitute “the course start date”.

(8) In paragraph 5F (persons granted leave under one of the Afghan Schemes), for “the first day of the first academic year of the course” substitute “the course start date”.

(9) In paragraph 5G (evacuated or assisted British Nationals from Afghanistan), for “the first day of the first academic year of the course” substitute “the course start date”.

(10) In paragraph 6 (persons granted humanitarian protection and their family members)—

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

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

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

Amendments relating to events occurring after the start of an academic year

105.  Regulation 4 (qualifying person)(2) is amended as follows.

(1) In paragraph (1) for the words from “falls within” to the end substitute—

“—

(a) falls within a settled category or a protected category—

(i) on the course start date, where the relevant academic year is the first academic year of the person’s course, or

(ii) otherwise, on the first day of a relevant academic year;

(b) falls within a prescribed category on the first day of a relevant academic year.”

(2) In paragraph (2)—

(a) for “the date in that paragraph” substitute “1st September 2023”;

(b) for “a prescribed category” substitute “a settled category, a protected category or a prescribed category”.

(3) In paragraph (4)(a), omit—

(a) “3A,”;

(b) “5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 6,”;

(c) “9A,”.

(4) After paragraph (6) insert—

“(7) Where a protected category event occurs in relation to a person after the course start date, paragraph (8) applies for the purposes of determining whether the person falls within a prescribed category on the first day of the relevant academic year.

(8) The person is, for the purposes of determining whether they satisfy any requirement in Part 2 of the Schedule that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date.

(9) For the purposes of this regulation—

“protected category” means any category of persons described in paragraph 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H or 6 of Part 2 of the Schedule;

“protected category event” means an event specified in regulation 6(2)(b), (i), (j), (k), (l), (m) or (n);

“relevant academic year” means an academic year beginning on or after 1st September 2023;

“settled category” means any category of persons described in paragraph 3A or 9A of Part 2 of the Schedule.”.

Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes

106.  In regulation 2 (interpretation) (as amended by regulations 100 and 103 of these Regulations)—

(a) in paragraph (bbab) (definition of “person granted leave under the Afghan Citizens Resettlement Scheme”)—

(i) at the end of paragraph (i)(aa), for “or” substitute “and”;

(ii) omit paragraph (i)(bb) (including “and” at the end);

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

(i) at the end of paragraph (a)(ii), insert “or”;

(ii) at the end of paragraph (a)(iii), for “or” substitute “and”;

(iii) omit paragraph (a)(iv).

107.  In regulation 6(2) (qualifying person: effect of event during academic year)(3)—

(a) in sub-paragraph (m), after “the student” insert “or the student’s spouse, civil partner or parent”;

(b) in sub-paragraph (n), after “the student” insert “or the student’s spouse, civil partner or parent”.

108.  In Part 2 of the Schedule (qualifying persons: categories)—

(a) in paragraph 5F (as amended by regulation 104(8) of these Regulations)—

(i) for the heading substitute—

“Persons granted leave under one of the Afghan Schemes and their family members”;

(ii) the existing text becomes sub-paragraph (1);

(iii) after that sub-paragraph insert—

“(2) A person who—

(a) is the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b) on the leave application date, was the spouse or civil partner of that person;

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(d) is ordinarily resident in the United Kingdom on the course start date.

(3) A person who—

(a) is—

(i) the child of a person granted leave under one of the Afghan Schemes; or

(ii) the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b) on the leave application date, was—

(i) the child of the person granted leave under one of the Afghan Schemes; or

(ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Afghan Schemes on that date;

(c) was under 18 on the leave application date;

(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e) is ordinarily resident in the United Kingdom on the course start date.

(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.”;

(b) for paragraph 5H (including the heading)(4) substitute—

“Persons granted leave under one of the Ukraine Schemes and their family members

5H.— (1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in the United Kingdom on the course start date.

(2) A person who—

(a) is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b) on the leave application date, was the spouse or civil partner of that person;

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(d) is ordinarily resident in the United Kingdom on the course start date.

(3) A person who—

(a) is—

(i) the child of a person granted leave under one of the Ukraine Schemes; or

(ii) the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b) on the leave application date, was—

(i) the child of the person granted leave under one of the Ukraine Schemes; or

(ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Ukraine Schemes on that date;

(c) was under 18 on the leave application date;

(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e) is ordinarily resident in the United Kingdom on the course start date.

(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.”.

(1)

Paragraph 5A was substituted by S.I, 2020/1203. Paragraph 5B was inserted by S.I. 2019/142 and amended by S.I, 2020/1203. Paragraph 5C was inserted by S.I. 2020/48. Paragraph 5D was substituted by S.I. 2020/1203. Paragraph 5E was inserted by S.I. 2020/1203. Paragraph 5G was inserted by S.I. 2022/534. Paragraph 6 was amended by S.I. 2020/1203.

(2)

Regulation 4 was amended by S.I. 2021/127, 2021/929, 2021/1348 and 2022/534.

(3)

Sub-paragraph (m) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57. Sub-paragraph (n) was inserted by S.I. 2022/534.

(4)

Paragraph 5H was inserted by S.I. 2022/534.