The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024

PART 1 Introductory

Citation and commencement

1.  These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 and come into force on 15th February 2024.

Extent and application

2.—(1) These Regulations extend to England and Wales.

(2) Regulation 61 (amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017: removal of fee limits for postgraduate ITT courses leading to qualified teacher status) applies to English higher education providers(1).

(3) Otherwise these Regulations apply in relation to England only.

(4) The following provisions of these Regulations apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether or not anything done under these Regulations is done before, on or after 1st August 2024—

(a) regulations 4, 16, 24, 31, 39, 47, 55 (victims of domestic abuse);

(b) regulations 7, 17, 27, 34, 44, 51 and 57 (children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner);

(c) regulations 8, 14, 28, 35, 43, 50 and 58 (students settled in the United Kingdom);

(d) regulations 9(1)(a) to (g), (2)(a) to (g) and (3)(a) to (h), 21(a) to (h), 26(a) to (g), 33(a) to (g) and (i), 49(a) to (g) and (i) and 56(1)(a) to (g) and (2)(a) to (h) (termination of eligible student status);

(e) regulation 10 (loans for designated part-time courses);

(f) regulation 12 and the Schedule (substitution of amounts);

(g) regulations 15 and 41 (eligibility for home fee status and fee caps in certain circumstances where leave to remain expired);

(h) regulation 61 (removal of fee limits for postgraduate ITT courses leading to qualified teacher status).

(5) The following provisions of these Regulations apply in relation to the provision of support, and to fees and awards applicable, in relation to a new course, whether or not anything done under these Regulations is done before, on or after 1st August 2024—

(a) regulations 6 and 42 (qualified teacher learning and skills status);

(b) regulations 9(1)(h), (2)(h) and (3)(i), 26(h), 33(h) and (j), 49(h) and (j) and 56(1)(h) and (2)(i) (termination of eligible student status: long residence);

(c) regulations 36 and 52 (substitution of amounts).

(6) Regulations 11, 19, 29, 37, 45, 53 and 60 (British citizens of Chagossian descent) apply in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year of a course which began on or after 1st August 2022, whether or not anything done under these Regulations is done before, on or after 1st August 2024.

(7) In this regulation—

“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;

“new academic year” means an academic year which begins on or after 1st August 2024;

“new course” means a course which begins on or after 1st August 2024.

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

Amendment of the Education (Student Support) Regulations 2011

3.  The Education (Student Support) Regulations 2011(2) are amended in accordance with this Part.

Victims of domestic abuse

4.—(1) In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) for paragraphs (i) to (iii) of sub-paragraph (a), substitute—

“(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse(3); or

(ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.

(2) In both regulation 2A(3)(e)(4) (meaning of “protected category event”) and paragraph 4C(5) of Schedule 1 (eligible students), in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”.

Afghan Relocations and Assistance Policy Scheme

5.  In regulation 2, in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules(6);”.

Qualified teacher learning and skills status

6.—(1) In regulation 2, in paragraph (1), omit the definition of “qualified teacher learning and skills status”(7).

(2) In regulation 12 (fee loans: previous course)—

(a) in paragraph (4), at the beginning of sub-paragraph (c) insert “where the current course falls within regulation 2(1ZA)(a), (b), (c) or (d), ”;

(b) omit paragraph (4ZA)(8).

(3) In regulation 13 (fee loans: miscellaneous)—

(a) after paragraph (1), insert—

“(1A) An eligible student does not qualify for a fee loan under this Part if—

(a) the current course is a course falling within regulation 2(1ZA)(e),(f),(g),(h) or (i); and

(b) the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.”;

(b) omit paragraph (2ZA)(9).

(4) In regulation 144 (fee loans for designated part-time courses beginning on or after 1st September 2012)—

(a) after paragraph (2) insert—

“(2A) An eligible part-time student does not qualify for a fee loan if—

(a) the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i); and

(b) the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.”.

(b) omit paragraph (6A)(10).

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

7.—(1) In regulation 2A (meaning of terms including protected category event), in paragraph (3), in sub-paragraphs (e) and (g), after “the student” insert “or the student’s parent”.

(2) In Schedule 1 (eligible students)—

(a) in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph 4C becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the course start date.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)(11), at the end, insert “and their children”;

(e) paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the course start date.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

Students settled in the United Kingdom

8.—(1) In regulation 2A (meaning of terms including in-year qualifying event and settled status event)(12)—

(a) in paragraph (2), after sub-paragraph (b), insert—

“(ba) the student becomes a person described in paragraph 2 of Schedule 1;”;

(b) in paragraph (4), for the words from “means the student becomes a family member” to the end substitute—

“means—

(a) the student becomes a person described in paragraph 2A or 9BB of Schedule 1; or

(b) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1.”.

(2) In Schedule 1—

(a) in paragraphs 2(1)(a) and 9BB(1)(a)(i)(13) of Schedule 1, omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(a)(ii) after “England”, insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a)(14) omit “on the course start date”.

Termination of eligible student status

9.—(1) In regulation 4 (eligible students)—

(a) in paragraph (12)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(15)), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;

(b) in paragraphs (12A)(b), (12B)(b) and (13D)(b)(16), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraph (12C)(b)(17), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (13)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(e) in paragraph (13A)(b)(18), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(f) in paragraph (13B)(b)(19) after “protected rights” insert “and has not become a British or Irish citizen”;

(g) in paragraph (13C)(b)(20) after “has expired” insert “and that person has not become a British or Irish citizen”;

(h) after paragraph (13D) insert—

“(13E) Where—

(a) the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), a person (“A”) was an eligible student in connection with—

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

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

(iii) 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; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

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 regulation 137 (eligible part-time students)—

(a) in paragraph (10)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;

(b) in paragraphs (10A)(b), (10B)(b) and (11D)(b)(21), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraph (10C)(b)(22), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (11)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(e) in paragraph (11A)(b)(23), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(f) in paragraph (11B)(b)(24), after “protected rights” insert “and has not become a British or Irish citizen”;

(g) in paragraph (11C)(b)(25), after “has expired” insert “and that person has not become a British or Irish citizen”;

(h) after paragraph (11D), insert—

“(11E) Where—

(a) the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), 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 student or eligible part-time 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 A was granted leave to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

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.”.

(3) In regulation 159 (eligible postgraduate students)—

(a) in paragraph (15)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;

(b) in paragraphs (15A)(b), (15B)(b) and (16D)(b)(26), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraph (15C)(b)(27), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (16)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(e) in paragraph (16A)(b)(28), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(f) in paragraph (16B)(29), sub-paragraph (c) is renumbered sub-paragraph (b);

(g) in paragraph (16B)(b) as so renumbered, after “protected rights” insert “and has not become a British or Irish citizen”;

(h) in paragraph (16C)(b)(30), after “has expired” insert “and that person has not become a British or Irish citizen”;

(i) after paragraph (16D), insert—

“(16E) Where—

(a) the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), 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 A was granted leave to remain in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

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.”.

Loans for designated part-time courses

10.—(1) In regulation 144 (fee loans for designated part-time courses beginning on or after 1st September 2012), in paragraph (8)(c), in each place it occurs, for “the current course” substitute “the current part-time course”.

(2) In regulation 157B (qualifying conditions for the loan for living costs)(31), in paragraph (8)(c), in each place it occurs, for “the current course” substitute “the current part-time course”.

British citizens of Chagossian descent

11.  In Schedule 1, in paragraph 9BB—

(a) in sub-paragraph (1)—

(i) at the beginning, insert “Subject to paragraphs (3) and (4), ”;

(ii) in paragraph (a), the words from “settled in” become sub-paragraph (i);

(iii) after that sub-paragraph (i), insert—

“or

(ii) a British citizen who—

(aa) was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2), insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.

Substitution of amounts specified in the Education (Student Support) Regulations 2011

12.  The Schedule makes amendments to substitute amounts specified in the Education (Student Support) Regulations 2011.

PART 3 Corresponding amendments to other subordinate legislation

CHAPTER 1 The Education (Fees and Awards) (England) Regulations 2007

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

13.  The Education (Fees and Awards) (England) Regulations 2007(32) are amended in accordance with this Chapter.

Students settled in the United Kingdom

14.—(1) In regulation 4 (fee charging), in paragraph (2)(a), for “8 or 8A” substitute “8, 8A or 9C”.

(2) In Schedule 1—

(a) in paragraph 2(1)(a), in the opening words, omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(a)(ii), after “United Kingdom” insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a)(33) omit “on the course start date”;

(d) in paragraph 9C(1)(a)(i)(34) omit “on the first day of the first academic year of the course”.

Eligibility for home fee status in certain circumstances where leave to remain expired

15.  In regulation 4 (fee charging), after paragraph (2) insert—

“(2ZA) For the purposes of this regulation, where—

(a) a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of Schedule 1 as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and

(b) further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,

the person who would otherwise no longer fall within a paragraph of Schedule 1 is to be treated as falling within the paragraph of Schedule 1 in which they previously fell for the remainder of the duration of the course.”.

Victims of domestic abuse

16.—(1) In both regulation 4(2C)(c) and (2D)(e)(35) (fee charging) and paragraph 4C(36) of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”.

(2) In paragraph 4C of Schedule 1, in paragraph (1)(a)(37) for sub-paragraphs (i) to (iii), substitute—

“(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

17.—(1) In regulation 4 (fee charging), in paragraph (2C)(c) and (e), after “the person” insert “or the person’s parent”.

(2) In Schedule 1—

(a) in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph 4C becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

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

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)(38), at the end, insert “and their children”;

(e) paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

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

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

Afghan Relocations and Assistance Policy Scheme

18.  In Schedule 1, in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.

British citizens of Chagossian descent

19.  In Schedule 1, in paragraph 9C—

(a) in sub-paragraph (1)—

(i) at the beginning, insert “Subject to paragraphs (3) and (4), ”;

(ii) after paragraph (a)(i), omit “or”;

(iii) after paragraph (a)(ii), insert—

“or

(iii) a person who is a British citizen and who—

(aa) was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2), insert—

“(3)  For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.”.

CHAPTER 2 The Education (Student Support) (European University Institute) Regulations 2010

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

20.  The Education (Student Support) (European University Institute) Regulations 2010(39) are amended in accordance with this Chapter.

Termination of eligible student status

21.  In regulation 9 (eligible students)—

(a) in paragraph (10)(b), for the words from “the day before the that academic year begins” to the end of sub-paragraph (b), substitute—

“the day before the day that academic year begins—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status is due to expire has not become a British or Irish citizen,”;

(b) in paragraphs (10A)(b) and (10B)(b)(40), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraph (10C)(b)(41), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (11)(b), for the words from “the day before the that academic year begins” to the end of sub-paragraph (b), substitute—

“the day before the day that academic year begins—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(42)), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom is due to expire has not become a British or Irish citizen,”;

(e) in paragraph (11A)(b)(43), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(f) in paragraph (11B)(b)(44), after “protected rights” insert “and has not become a British or Irish citizen”;

(g) in paragraph (11C)(b)(45), after “has expired” insert “and that person has not become a British or Irish citizen”;

(h) in paragraph (11D)(b)(46), after “has been granted” insert “and that person has not become a British or Irish citizen”.

Afghan Relocations and Assistance Policy Scheme

22.  In Schedule 1 (eligible students: interpretation), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.

CHAPTER 3 The Further Education Loans Regulations 2012

Amendment of the Further Education Loans Regulations 2012

23.  The Further Education Loans Regulations 2012(47) are amended in accordance with this Chapter.

Victims of domestic abuse

24.—(1) In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) for sub-paragraphs (i) to (iii), substitute—

“(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.

(2) In both regulation 6(2)(g) and paragraph 4C(48) of Schedule 1, in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”.

Afghan Relocations and Assistance Policy Scheme

25.  In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,”.

Termination of eligible student status

26.  In regulation 3 (eligible students)—

(a) in paragraph (7)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;

(b) in paragraphs (7A)(b), (7B)(b) and (8B)(b)(49), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraph (7C)(b)(50), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (8)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(e) in paragraph (8A)(b)(51), after “has expired” insert “and that person has not become a British or Irish citizen”;

(f) in paragraph (9)(b)(52), “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g) in paragraph (10)(b)(53), after “protected rights” insert “and has not become a British or Irish citizen”;

(h) after paragraph (10) insert—

“(11)  Where—

(a) the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before the course begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

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

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

27.—(1) In regulation 6 (students becoming eligible after a designated further education course has begun), in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”.

(2) In Schedule 1—

(a) in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph 4C becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)(54), at the end, insert “and their children”;

(e) paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

Students settled in the United Kingdom

28.—(1) In regulation 6 (students becoming eligible after a designated further education course has begun)(55) in paragraph (2)—

(a) after sub-paragraph (b) insert—

“(ba) the student becomes a person described in paragraph 2 of Schedule 1;

(bb) the student becomes a person described in paragraph 2A of Schedule 1;”;

(b) after sub-paragraph (d) insert—

“(da) the student becomes a person described in paragraph 9BB of Schedule 1;”.

(2) In Schedule 1—

(a) in paragraphs 2(1), 2A(1)(a) and 9BB(1)(a)(i)(56) omit “on the first day of the designated further education course”;

(b) in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the designated further education course”.

British citizens of Chagossian descent

29.  In Schedule 1, in paragraph 9BB—

(a) in sub-paragraph (1)—

(i) at the beginning, insert “Subject to paragraphs (3) and (4), ”;

(ii) in paragraph (a), the words from “settled in” become sub-paragraph (i);

(iii) after that sub-paragraph (i), insert—

“or

(ii) a person who is a British citizen and who—

(aa) was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2), insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the designated further education course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.

CHAPTER 4 The Education (Postgraduate Master’s Degree Loans) Regulations 2016

Amendments to the Education (Postgraduate Master’s Degree Loans) Regulations 2016

30.  The Education (Postgraduate Master’s Degree Loans) Regulations 2016(57) are amended in accordance with this Chapter.

Victims of domestic abuse

31.—(1) In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) for sub-paragraphs (i) to (iii), substitute—

“(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.

(2) In both regulation 7(2)(g) and paragraph 4C(58) of Schedule 1, in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”.

Afghan Relocations and Assistance Policy Scheme

32.  In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.

Termination of eligible student status

33.  In regulation 3—

(a) in paragraph (8A)(b)(59) for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;

(b) in paragraph (8B)(b)(60), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraphs (8C)(b) and (8D)(b)(61), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (8E)(b)(62), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(e) in paragraph (8F)(b)(63), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(f) in paragraph (8G)(b)(64), after “has expired” insert “and the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”;

(g) in paragraph (8H)(b)(65), after “has been granted” insert “and the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”;

(h) after paragraph (8H) insert—

“(8I) Where—

(a) the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a postgraduate master’s degree loan for a designated course; and

(b) as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(66)); and

(iii) A has not become a British or Irish citizen,

A’s status as an eligible student terminates immediately before the relevant day.”;

(i) in paragraph (9)(b)(67), after “protected rights” insert “and has not become a British or Irish citizen”;

(j) in paragraph (10)(a)(68), for “, (8G) and (8H)” substitute “and (8G) to (8I)”.

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

34.—(1) In regulation 7 (students becoming eligible in the course of an academic year)(69), in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”.

(2) In Schedule 1—

(a) in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph 4C becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the course start date.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)(70), at the end, insert “and their children”;

(e) paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the course start date.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

Students settled in the United Kingdom

35.—(1) In regulation 7 (students becoming eligible in the course of an academic year) in paragraph (2)—

(a) after sub-paragraph (b) insert—

“(ba) the student becomes a person described in paragraph 2 of Schedule 1;

(bb) the student becomes a person described in paragraph 2A of Schedule 1;”;

(b) after sub-paragraph (d) insert—

“(da) the student becomes a person described in paragraph 9BB of Schedule 1;”.

(2) In Schedule 1—

(a) in paragraphs 2(1)(a) and 9BB(1)(a)(i)(71), omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(a)(ii), after “England”, insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a)(72), omit “on the course start date”.

Substitution of amounts

36.  In regulation 12 (amount of the postgraduate master’s degree loan), in paragraphs (1) and (2), for “£12,167” substitute “£12,471”.

British citizens of Chagossian descent

37.  In Schedule 1 (eligible students), in paragraph 9BB—

(a) in sub-paragraph (1)—

(i) at the beginning, insert “Subject to paragraphs (3) and (4), ”;

(ii) in paragraph (a), the words from “settled in” become sub-paragraph (i);

(iii) after that sub-paragraph (i), insert—

“or

(ii) a person who is a British citizen and who—

(aa) was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2), insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.

CHAPTER 5 The Higher Education (Fee Limit Condition) (England) Regulations 2017

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

38.  The Higher Education (Fee Limit Condition) (England) Regulations 2017(73) are amended in accordance with this Chapter.

Victims of domestic abuse

39.—(1) In regulation 2 (interpretation), in paragraph (bba)(74) (the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”)—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) for sub-paragraphs (aa) to (cc), substitute—

“(aa) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(bb) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.

(2) In both regulation 6(2)(j) (effect of event during academic year) and paragraph 5C(75) of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 5C of the Schedule, for “leave to remain”, substitute “leave to enter or remain”.

Afghan Relocations and Assistance Policy Scheme

40.  In regulation 2 (interpretation), in paragraph (bbac) (the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”), for sub-paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.

Eligibility for fee caps in certain circumstances where leave to remain expired

41.  In regulation 4 (qualifying person), after paragraph (6) insert—

“(6A) For the purposes of this regulation, where—

(a) a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and

(b) further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,

the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.”.

Qualified teacher learning and skills status

42.  In regulation 5 (qualifying person: exceptions)—

(a) after paragraph (1), insert—

“(1A) A person is not a qualifying person if—

(a) the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of the Education (Student Support) Regulations 2011; and

(b) the person has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of those Regulations and achieved the intended qualification.”;

(b) omit paragraph (2A)(76);

(c) in paragraph (3), omit sub-paragraph (f)(77).

Students settled in the United Kingdom

43.—(1) In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)—

(a) after sub-paragraph (d) insert—

“(da) the student becomes a person described in paragraph 3 in Part 2 of the Schedule;

(db) the student becomes a person described in paragraph 3A in Part 2 of the Schedule;”;

(b) after sub-paragraph (g) insert—

“(ga) the student becomes a person described in paragraph 10C in Part 2 of the Schedule;”.

(2) In the Schedule—

(a) in the opening words of paragraph 3(1) and in paragraph 10C(1)(a)(i)(78), omit “on the first day of the first academic year of the course”;

(b) in paragraph 3(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course”;

(c) in paragraph 3A(1)(a)(79), omit “on the course start date”.

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

44.—(1) In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)(j) and (l)(80), after “the student” insert “or the student’s parent”.

(2) In the Schedule—

(a) in the heading to paragraph 5C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph 5C becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

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

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 5E(81) (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”;

(e) paragraph 5E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

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

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

British citizens of Chagossian descent

45.  In the Schedule, in paragraph 10C—

(a) in sub-paragraph (1)—

(i) at the beginning, insert “Subject to paragraphs (3) and (4), ”;

(ii) after paragraph (a)(i), omit “or”;

(iii) after paragraph (a)(ii), insert—

“or

(iii) a person who is a British citizen and who—

(aa) was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2), insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.”.

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

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

46.  The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018(82) are amended in accordance with this Chapter.

Victims of domestic abuse

47.—(1) In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) for sub-paragraphs (i) to (iii), substitute—

“(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.

(2) In both regulation 7(2)(g) (students becoming eligible in the course of an academic year) and paragraph 5B(83) of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 5B of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”.

Afghan Relocations and Assistance Policy Scheme

48.  In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.

Termination of eligible student status

49.  In regulation 3 (eligible students)—

(a) in paragraph (11A)(b)(84) for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(85)); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;

(b) in paragraph (11B)(b)(86), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraphs (11C)(b) and (11D)(b)(87), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (11E)(88), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(e) in paragraph (11F)(b)(89), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(f) in paragraph (11G)(b)(90), after “has expired” insert “and the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”;

(g) in paragraph (11H)(b)(91), after “has been granted” insert “and the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”;

(h) after paragraph (11H) insert—

“(11I) Where—

(a) the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 14 of Schedule 1 (long residence) in connection with an application for a postgraduate doctoral degree loan for a designated course; and

(b) as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

A’s status as an eligible student terminates immediately before the relevant day.”;

(i) in paragraph (12)(b)(92), after “protected rights” insert “and has not become a British or Irish citizen”;

(j) in paragraph (13)(a)(93) for “, (11G) and (11H)” substitute “and (11G) to (11I)”.

Students settled in the United Kingdom

50.—(1) In regulation 7 (students becoming eligible in the course of an academic year), in paragraph (2)—

(a) after sub-paragraph (b) insert—

“(ba) the student becomes a person described in paragraph 2 of Schedule 1;

(bb) the student becomes a person described in paragraph 2A of Schedule 1;”;

(b) after sub-paragraph (d) insert—

“(da) the student becomes a person described in paragraph 10BB of Schedule 1;”.

(2) In Schedule 1—

(a) in paragraphs 2(1)(a) and 10BB(1)(a)(i)(94), omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(a)(ii), after “England”, insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a)(95), omit “on the course start date”.

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

51.—(1) In regulation 7 (students becoming eligible in the course of an academic year)(96), in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”.

(2) In Schedule 1—

(a) in the heading to paragraph 5B (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)(97), at the end, insert “and their children”;

(b) paragraph 5B becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the course start date.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 5D (persons granted indefinite leave to remain as a bereaved partner(98), at the end, insert “and their children”;

(e) paragraph 5D becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the course start date.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

Substitution of amounts

52.—(1) In regulation 12 (amount of the postgraduate doctoral degree loan), in paragraph (1)(a) for “£28,673” substitute “£29,390”.

(2) In regulation 13 (payment of postgraduate doctoral degree loans), in paragraph (4), for “£12,167” substitute “£12,471”.

British citizens of Chagossian descent

53.  In Schedule 1, in paragraph 10BB—

(a) in sub-paragraph (1)—

(i) at the beginning, insert “Subject to paragraphs (3) and (4),”;

(ii) in paragraph (a), the words from “settled in” become sub-paragraph (i);

(iii) after that sub-paragraph (i), insert—

“or

(ii) a person who is a British citizen and who—

(aa) was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2), insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.

CHAPTER 7 The Higher Education Short Course Loans Regulations 2022

Amendment of the Higher Education Short Course Loans Regulations 2022

54.  The Higher Education Short Course Loans Regulations 2022(99) are amended in accordance with this Chapter.

Victims of domestic abuse

55.—(1) In regulations 2(2)(d) (interpretation) and 7(2)(e) (students who cease to be eligible students before the start of an HE short course) and paragraph 9 of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 9 of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”.

(2) In Schedule 1, in paragraph 1(1) (interpretation), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) in paragraph (a), for sub-paragraphs (i) to (iii), substitute—

“(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),”.

Termination of eligible student status

56.—(1) In regulation 3 (eligible students)—

(a) in paragraph (5)(c)—

(i) after paragraph (i), omit “and”;

(ii) after paragraph (ii), omit the semi-colon and insert—

“, and

(iii) the person (P or R) whose refugee status has expired has not become a British or Irish citizen;”;

(b) in paragraph (5)(d)—

(i) after paragraph (i), omit “and”;

(ii) after paragraph (ii), omit the semi-colon and insert—

“, and

(iii) the person (P or H) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;”;

(c) in paragraph (5)(e)—

(i) after paragraph (i), omit “and”;

(ii) after paragraph (ii), omit the semi-colon and insert—

“, and

(iii) the person (P or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;”;

(d) in paragraph (5)(f)—

(i) after paragraph (i), omit “and”;

(ii) after paragraph (ii), omit the semi-colon and insert—

“, and

(iii) P has not become a British or Irish citizen;”;

(e) in paragraph (5)(g), at the end, insert “and has not become a British or Irish citizen”;

(f) in paragraph (5)(h)(100), at the end, insert “and the person (P or A) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”;

(g) in paragraph (5)(i)(101), at the end, insert “and the person (P or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”;

(h) after paragraph (5)(i), insert—

“(j) where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of paragraph 25 of Schedule 1 (long residence), the period for which P is allowed to stay in the United Kingdom has expired and P has not become a British or Irish citizen.”.

(2) In regulation 6 (students who cease to be eligible students before the start of an HE short course)—

(a) in paragraph (2)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii) the person (P or P’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen.”;

(b) in paragraph (3)(b), after “has been granted” insert “and the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.”;

(c) in paragraphs (4)(b) and (5)(b) after “has been granted” insert “and P has not become a British or Irish citizen”;

(d) in paragraph (6)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii) the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.”;

(e) in paragraph (7)(b), after “has been granted under those rules” insert “and P has not become a British or Irish citizen”;

(f) in paragraph (8)(b), after “protected rights” insert “and P has not become a British or Irish citizen”;

(g) in paragraph (9)(b), for “P is allowed to stay in the United Kingdom has expired” substitute “the person granted leave under one of the Afghan schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.”;

(h) in paragraph (9A)(b)(102), for “P is allowed to stay in the United Kingdom has expired” substitute “the person granted leave under one of the Ukraine schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.”;

(i) after paragraph (9A) insert—

“(9B) This paragraph applies in relation to a person (“P”) if—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under paragraph 25 of Schedule 1 (long residence), P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b) as at the day before the current course begins, the period P is allowed to stay in the United Kingdom has expired and—

(i) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(ii) P has not become a British or Irish citizen.”.

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

57.—(1) In regulation 7 (students becoming eligible after the start of an HE short course), in paragraph (2)(e) and (f), after “the student” insert “or the student’s parent”.

(2) In Schedule 1—

(a) in the heading to paragraph 9 (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph 9 becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the first day of the HE short course.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to enter or remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 11 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”;

(e) paragraph 11 becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in England on the first day of the HE short course.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

Students settled in the United Kingdom

58.—(1) In regulation 7 (students who become eligible students after the start of an HE short course) in paragraph (2)—

(a) after sub-paragraph (g) insert—

“(ga) the student becomes a person described in paragraph 3 of Part 2 of Schedule 1;

(gb) the student becomes a person described in paragraph 4 of Part 2 of Schedule 1;”;

(b) after sub-paragraph (i) insert—

“(ia) the student becomes a person described in paragraph 19 of Part 2 of Schedule 1;”.

(2) In Schedule 1 (eligible students)—

(a) in paragraphs 3(1)(a), 4(1)(a) and 19(1)(a)(i)(103) omit “on the first day of the HE short course”;

(b) in paragraph 3(1)(a)(ii), after “England”, insert “on the first day of the HE short course”.

Afghan Relocations and Assistance Policy Scheme

59.  In Schedule 1 (eligible students: interpretation), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—

“(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,”.

British citizens of Chagossian descent

60.  In Schedule 1, in paragraph 19—

(a) in sub-paragraph (1)—

(i) at the beginning, insert “Subject to paragraphs (3) and (4), ”;

(ii) in paragraph (a)(104), the words from “settled in” become sub-paragraph (i);

(iii) after that sub-paragraph (i), insert—

“or

(ii) a person who is a British citizen and who—

(aa) was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2), insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the HE short course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.

PART 4 Other Amendments

Removal of fee limits for postgraduate ITT courses leading to qualified teacher status

61.  In regulation 7 of the Higher Education (Fee Limit Condition) (England) Regulations 2017 (qualifying course)(105)—

(a) in paragraph (1A)(106) for “Paragraph (2)” substitute “Paragraph (2)(a)”;

(b) in paragraph (2)—

(i) the words from “at the time” to the end become sub-paragraph (a);

(ii) after that sub-paragraph (a), insert—

“; or

(b) the course is a full-time or part-time postgraduate course of initial teacher training undertaken in England and leading to qualified teacher status in England”.

Definition of course for the initial training of teachers

62.  In regulation 2 of the Education (Student Support) Regulations 2011 (interpretation)(107), in the definition of “course for the initial training of teachers” in paragraph (1ZA), in sub-paragraph (a), omit “the recommendation of”.

Recognition of initial further education teacher training courses

63.  In regulation 2B of the Education (Student Support) Regulations 2011 (recognition of initial further education teacher training courses)(108), in paragraph (2)—

(a) for “a course is” substitute “a course may only be considered”;

(b) after “teacher training course” insert “by the Secretary of State”.

Eligible part-time students

64.  In regulation 144 of the Education (Student Support) Regulations 2011 (fee loans for designated part-time courses beginning on or after 1st September 2012), in paragraph (2) for “A part-time student” substitute “An eligible part-time student”.

Revocation of legislation relating to mandatory awards

65.—(1) The following instruments are revoked—

(a) the Education (Mandatory Awards) (Amendment) Regulations 1999(109);

(b) the Education (Mandatory Awards) Regulations 2003(110);

(c) the Education (Mandatory Awards) (Amendment) Regulations 2004(111);

(d) the Education (Mandatory Awards) (Amendment) Regulations 2005(112);

(e) the Education (Mandatory Awards) (Amendment) Regulations 2006(113);

(f) the Education (Mandatory Awards) (Amendment) Regulations 2007(114);

(g) the Education (Mandatory Awards) (Amendment) Regulations 2008(115).

(2) In the Adoption and Children (Miscellaneous Amendments) Regulations 2005(116), omit regulation 3 (amendment of the Education (Mandatory Awards) Regulations 2003).

(3) In the Education (Student Support) Regulations 2011(117)—

(a) in regulation 2(1)—

(i) in paragraphs (a) and (b) in the definition of “end-on course” omit “a transitional award,”

(ii) omit the definitions of “old award” and “transitional award”;

(b) in regulation 4(3), omit sub-paragraphs (a) and (b).

Barran

Parliamentary Under-Secretary of State

Department for Education

23rd January 2024