PART 3Corresponding amendments to other subordinate legislation

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

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner51

1

In regulation 7 (students becoming eligible in the course of an academic year)101, 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)102, 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 partner103, 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.