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The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018

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Amendments to the Education (Student Support) (Wales) Regulations 2017

22.  In regulation 2 (interpretation), in paragraph (1)—

(a)in the appropriate places insert—

“close relative” (“perthynas agos”) (in relation to a person (“P”)) means—

(a)

P’s spouse or civil partner;

(b)

a person ordinarily living with P as if the person were P’s spouse or civil partner;

(c)

P’s parent, where P is under the age of 25;

(d)

P’s child, where P is dependent on that child;;

“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;;

“member of the armed forces” (“aelod o’r lluoedd arfog”) means a member of the regular naval, military or air forces of the Crown;; and

“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules; and

(b)

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

(b)for paragraphs (a) and (b) of the definition of “person with leave to enter or remain”, substitute—

(a)who has—

(i)applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave, and who has been granted leave to enter or remain accordingly;

(ii)not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

(iii)been granted leave to remain on the grounds of private life under the immigration rules; or

(iv)been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private life under the immigration rules, A has been granted leave to remain outside the rules(1) on the grounds of Article 8 of the European Convention on Human Rights;.

(1)

Paragraph 276BE(2) of the immigration rules refers.

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