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The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023
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Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
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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)(1) 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 5H was inserted by S.I. 2022/534.
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