The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021

PART 4 AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017

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

51.  The Education (Student Support) (Wales) Regulations 2017(1) are amended in accordance with this Part.

52.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) omit the definitions of “designated distance learning course”, “eligible distance learning student”, “grant for disabled distance learning students’ living costs” and “present distance learning course”;

(b) in the definition of “2012 cohort student”, omit “, 75”;

(c) in the definition of “applicant”, omit paragraph (b);

(d) in the definition of “end on course”, omit paragraphs (e) and (f);

(e) in the definition of “Erasmus year”—

(i) for “and the student’s course is a course referred to in regulation 5(1)(e)(i)” substitute “or in the scheme established by the Secretary of State for Education known as the Turing scheme, the student’s course is a course referred to in regulation 5(1)(e) or (ea) or regulation 83(1)(d)”;

(ii) omit paragraph (a);

(iii) in paragraph (b), omit “on or after 1 September 2012 and”;

(iv) in paragraph (c), omit “on or after 1 September 2012 and”;

(f) in the definition of “new eligible part-time student”, omit “, 75”;

(g) at the appropriate place insert—

““the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;”;

““grace period” (“cyfnod gras”) has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;”;

““person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”) means a person with extant leave to remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—

(a)

paragraphs 289B and 289D (victims of domestic violence);

(b)

paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse);

(c)

paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces);

(d)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners);

(e)

paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (decision on application for indefinite leave to remain as a bereaved partner);

(f)

paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); or

(g)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners);”;

““person with Calais leave” (“person sydd â chaniatâd Calais”) means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);”;

““person with protected rights” (“person sydd â hawliau gwarchoddedig”) means—

(a)

a person within the personal scope of the citizens’ rights provisions who—

(i)

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(ii)

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

(iii)

is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or

(iv)

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

(b)

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;”;

““relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;”;

““relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;”;

““residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020(2);”;

““Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”.

(3) After paragraph (1) insert—

“(1A) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.”

53.  In regulation 4 (eligible students)—

(a) for paragraph (2) substitute—

“(2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if, in assessing the person’s application for support under regulation 9, the Welsh Ministers determine that the person falls within one of the categories set out—

(a) in paragraph 2, 2A, 3, 4, 4ZA, 4ZB, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A or 12A of Part 2 of Schedule 1, or

(b) in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1 where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated course, the Welsh Ministers—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1 August 2021; or

(ii) would have so determined had A made an application for support in accordance with these Regulations in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with—

(i) that course;

(ii) an end-on course following on from that course; or

(iii) a designated course to which A’s status as an eligible student is transferred or a designated part-time course to which A transfers and in relation to which A’s status is converted to that of an eligible part-time student in accordance with these Regulations.”;

(b) in paragraph (6), omit sub-paragraph (d);

(c) in paragraph (7), after “(2)” insert “, (2A)”;

(d) in paragraph (8)(c)—

(i) in paragraph (i)—

(aa) at the end of sub-paragraph (aa) insert “or”;

(bb) at the end of sub-paragraph (bb) omit “or”;

(cc) omit sub-paragraph (cc);

(ii) in paragraph (ii), omit “, an eligible distance learning student”;

(e) in paragraph (9)(a)(i), omit “, a designated distance learning course” and “, an eligible distance learning student”;

(f) in paragraphs (9A)(a)(i), (9B)(a)(i), (10)(a)(i) and (10A)(a)(i), omit “, designated distance learning course” and “, eligible distance learning student”;

(g) after paragraph (10A) insert—

“(10B) Where—

(a) the Welsh Ministers have determined that by virtue of being a person with Calais leave, a person (“A” in this paragraph) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or 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 present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support starts, the period for which a person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(10C) Where—

(a) the Welsh Ministers have determined that by virtue of being a person granted leave to remain as a protected partner or the child of such a person, a person (“A” in this paragraph) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or 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 present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support starts, the period for which a person granted leave to remain as a protected partner is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(3)),

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(10D) Where—

(a) the Welsh Ministers have determined that by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or 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 present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support;

(b) as at the day before the academic year in respect of which A is applying for support starts A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules, and no further leave to enter or remain has been granted under those rules,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(10E) Where—

(a) the Welsh Ministers have determined that, by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) of Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course or a qualifying student in connection with an academic year of a qualifying course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.”

54.  In regulation 5(1) (designated courses)—

(a) in sub-paragraph (b)(iii), omit “other than a course to which regulation 66(5) applies”;

(b) omit sub-paragraph (c).

55.  In regulation 6 (period of eligibility)—

(a) in paragraph (4)(a), omit “, regulation 76”;

(b) in paragraph (6)(c), omit “80,”;

(c) in paragraph (17), omit “designated”;

(d) in paragraph (18)(b), omit “designated”.

56.  In regulation 15 (events)—

(a) in paragraph (ba), after “with section 67 leave to remain” insert “or a person granted leave to remain as a protected partner”;

(b) after paragraph (ba) insert—

“(bb) the student becomes a person with Calais leave;”;

(c) omit paragraph (c);

(d) for paragraph (d) substitute—

“(d) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;”;

(e) in paragraph (e), for “3(a)” substitute “3(1)(a)”;

(f) for paragraph (f) substitute—

“(f) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;”;

(g) in paragraph (g)—

(i) after “described in” insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;

(ii) omit the “or” at the end;

(h) for paragraph (h) substitute—

“(h) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or”;

(i) after paragraph (h) insert—

“(i) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.”

57.  In regulation 23 (general qualifying conditions for grants for living costs)—

(a) in paragraph (2), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the eligible student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D.”;

(b) in paragraph (12)—

(i) in sub-paragraph (ba), after “with section 67 leave to remain” insert “or a person granted leave to remain as a protected partner”;

(ii) after sub-paragraph (ba) insert—

“(bb) the student becomes a person with Calais leave;”;

(iii) omit sub-paragraph (c);

(iv) in sub-paragraph (d), for “3(a)” substitute “3(1)(a)”;

(v) for sub-paragraph (e) substitute—

“(e) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;”;

(vi) in sub-paragraph (f)—

(aa) after “described in” insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;

(bb) omit the “or” at the end;

(vii) for sub-paragraph (g) substitute—

“(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or”;

(viii) after sub-paragraph (g) insert—

“(h) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.”

58.  In regulation 41(3) (qualifying conditions for loans for living costs - exceptions), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the eligible student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D.”

59.  In regulation 49(2) (students becoming eligible during the course of an academic year)—

(a) in sub-paragraph (ba), after “with section 67 leave to remain” insert “or a person granted leave to remain as a protected partner”;

(b) after sub-paragraph (ba) insert—

“(bb) the student becomes a person with Calais leave;”;

(c) omit sub-paragraph (c);

(d) in sub-paragraph (d), for “3(a)” substitute “3(1)(a)”;

(e) for sub-paragraph (e) substitute—

“(e) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;”;

(f) in sub-paragraph (f)—

(i) after “described in” insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;

(ii) omit the “or” at the end;

(g) for sub-paragraph (g) substitute—

“(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or”;

(h) after sub-paragraph (g) insert—

“(h) the person becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.”

60.  Omit Part 11.

61.  In regulation 81 (eligible part-time students)—

(a) for paragraph (2) substitute—

“(2) Subject to the following provisions of this regulation, a person is an eligible part-time student in connection with a designated part-time course if, in assessing the person’s application for support under regulation 99, the Welsh Ministers determine that the person falls within one of the categories set out—

(a) in paragraph 2, 2A, 3, 4, 4ZA, 4ZB, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A or 12A of Part 2 of Schedule 1, or

(b) in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated part-time course, the Welsh Ministers—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1 August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with—

(i) that course;

(ii) a designated part-time course to which A’s status as an eligible part-time student is transferred; or

(iii) a designated course to which A transfers and in relation to which A’s status is converted to that of an eligible student in accordance with these Regulations.”;

(b) in paragraph (8)(c)—

(i) in paragraph (i)—

(aa) at the end of sub-paragraph (aa) insert “or”;

(bb) at the end of sub-paragraph (bb) omit “or”;

(cc) omit sub-paragraph (cc);

(ii) in paragraph (ii), omit “, an eligible distance learning student”;

(c) in paragraphs (9)(a), (9A)(a), (9B)(a), (10)(a) and (10A)(a)—

(i) omit “, designated distance learning course”, and

(ii) for “, eligible student or eligible distance learning student” substitute “or eligible student”;

(d) after paragraph (10A) insert—

“(10B) Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with Calais leave (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible part-time student or eligible student has been transferred to the present 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 person with Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

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.

(10C) Where—

(a) the Welsh Minsters have determined that, by virtue of being a person granted leave to remain as a protected partner or the child of such a person, a person (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or 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 present 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 person granted leave to remain as a protected partner is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

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.

(10D) Where—

(a) the Welsh Ministers have determined that by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by residence scheme immigration rules, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or 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 present part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

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.

(10E) Where—

(a) the Welsh Ministers have determined that by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) of Part 2 of Schedule 1,

a person (“A”) is an eligible part-time student in connection with an application for support for an academic year of a designated part-time course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

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.”;

(e) in paragraph (12), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the eligible part-time student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D.”;

(f) in paragraph (21), omit sub-paragraph (c).

62.  In regulation 82 (students becoming eligible during the course of the academic year)—

(a) in paragraphs (2) and (3), for “(a), (b), (ba), (e), (f), (g), (h) or (i)” substitute “(a), (b), (ba), (bb), (f), (g), (h), (i) or (j)”;

(b) in paragraph (4)—

(i) in sub-paragraph (ba), after “with section 67 leave to remain” insert “or a person granted leave to remain as a protected partner”;

(ii) after sub-paragraph (ba) insert—

“(bb) the student becomes a person with Calais leave;”;

(iii) omit sub-paragraph (c);

(iv) for sub-paragraph (d) substitute—

“(d) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;”;

(v) omit sub-paragraph (e);

(vi) in sub-paragraph (f), for “3(a)” substitute “3(1)(a)”;

(vii) for sub-paragraph (g) substitute—

“(g) where regulation 81(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;”;

(viii) in sub-paragraph (h)—

(aa) after “described in” insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 81(2A)(a) applies, in”;

(bb) omit the “or” at the end;

(ix) for sub-paragraph (i) substitute—

“(i) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 81(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or”;

(x) after sub-paragraph (i) insert—

“(j) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.”

63.  In regulation 83(1) (designated part-time courses)—

(a) at the end of sub-paragraph (f) insert “and”;

(b) at the end of sub-paragraph (g) omit “; and”;

(c) omit sub-paragraph (h).

64.  In regulation 94 (part-time grants for dependants – initial calculations), in paragraph (11)(d), for “82(4)(a), (b), (e), (f), (g), (h) or (i)” substitute “82(4)(a), (b), (ba), (bb), (f), (g), (h), (i) or (j)”.

65.  In regulation 103 (conversion of status), omit paragraphs (5) to (12) and paragraphs (15) to (19).

66.  In regulation 110 (eligible postgraduate students)—

(a) for paragraph (3)(a) substitute—

“(a) the Welsh Ministers, in assessing a person’s application for support under regulation 115, have determined in connection with the designated postgraduate course that the person falls within one of the categories set out—

(i) in paragraph 2, 3, 4, 4ZA, 4ZB, 6A, 7A, 8A, 9B, 10A, 11A or 12A of Part 2 of Schedule 1; or

(ii) in paragraph 6, 7, 8, 10, 11 or 12 of Part 2 of Schedule 1 where paragraph (3A) applies; and”;

(b) after paragraph (3) insert—

“(3A) This paragraph applies where—

(a) in connection with a designated postgraduate course, the Welsh Ministers—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 6, 7, 8, 10, 11 or 12 of Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1 August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with—

(i) that course; or

(ii) a designated postgraduate course to which A’s status as an eligible postgraduate student is transferred from that course in accordance with these Regulations.”;

(c) omit paragraph (7);

(d) after paragraph (12A) insert—

“(12B) Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with Calais leave (“A” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or 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 present 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 person with Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

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.

(12C) Where—

(a) the Welsh Minsters have determined that, by virtue of being a person granted leave to remain as a protected partner or the child of such a person, a person (“A” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or 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 present 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 person granted leave to remain as a protected partner is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

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.

(12D) Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or 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 present postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support begins A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

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.

(12E) Where—

(a) the Welsh Ministers have determined that, by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) of Part 2 of Schedule 1,

a person (“A”) is an eligible postgraduate student in connection with an application for support for an academic year of a designated postgraduate course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

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.”;

(e) in paragraph (14), omit sub-paragraph (b).

67.  In regulation 111(2) (students becoming eligible during the course of the academic year)—

(a) in sub-paragraph (ba), after “with section 67 leave to remain” insert “or a person granted leave to remain as a protected partner”;

(b) after sub-paragraph (ba) insert—

“(bb) the student becomes a person with Calais leave;”;

(c) omit sub-paragraph (c);

(d) in sub-paragraph (d), for “3(a)” substitute “3(1)(a)”;

(e) for sub-paragraph (e) substitute—

“(e) where regulation 110(3A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;”;

(f) in sub-paragraph (f)—

(i) after “described in” insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 110(3A)(a) applies, in”;

(ii) omit the “or” at the end;

(g) for sub-paragraph (g) substitute—

“(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 110(3A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or”;

(h) after sub-paragraph (g) insert—

“(h) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.”

68.  In Schedule 1, in paragraph 1 (interpretation)—

(a) in sub-paragraph (1)—

(i) omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreements”;

(ii) in the definition of “family member”—

(aa) in paragraph (a), for “or an EEA self-employed person” substitute “, an EEA self-employed person or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)”;

(bb) in paragraph (c), after “Directive 2004/38” insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(cc) in paragraph (d), after “Directive 2004/38” insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(dd) in paragraph (e), for “paragraph 9” substitute “paragraphs 9, 9B, 9C and 9D”;

(iii) at the appropriate place insert—

““United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement;”;

(b) after sub-paragraph (1) insert—

“(1A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.”;

(c) in sub-paragraph (3)(a), omit “the present distance learning course,”;

(d) in sub-paragraph (4), after “Islands”, in each place it occurs, insert “, the territory comprising the United Kingdom, Islands and the Republic of Ireland”;

(e) in sub-paragraph (5)—

(i) after “Islands” insert “, the territory comprising the United Kingdom, Islands and the Republic of Ireland”;

(ii) after paragraph (a)—

(aa) omit “and”;

(bb) insert—

“(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, Islands and the Republic of Ireland as members of such forces;”.

69.  In Schedule 1, in paragraph 2(1) (persons who are settled in the United Kingdom), for paragraph (a) substitute—

“(a) is settled in the United Kingdom and does not fall within paragraph 3;”.

70.  In Schedule 1, after paragraph 2 insert—

“2A.— (1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course, other than a person falling within paragraph 3;

(b) who is—

(i) attending or undertaking a designated course in Wales; or

(ii) undertaking a designated part-time course or a designated postgraduate course in Wales;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Islands and the Republic of Ireland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland in accordance with paragraph 1(4).”

71.  In Schedule 1, in paragraph 3—

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

(b) in that sub-paragraph, for paragraph (a) substitute—

“(a) meets one of the following conditions—

(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

(iii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the grace period;

(iv) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period; or

(v) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;”;

(c) after that sub-paragraph insert—

“(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules.”

72.  In Schedule 1, for paragraph 4ZA (protected persons and their family members) substitute—

“Protected persons and their family members

4ZA.— (1) A person—

(a) granted leave to enter or remain as a protected person;

(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a) is a protected spouse or civil partner;

(b) on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules);

(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;

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a) is a protected child;

(b) on the leave application date was—

(i) under 18 years old; and

(ii) was the child of a person granted leave to enter or remain as a protected person, or as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be);

(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;

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph—

(a) “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person;

(b) “leave to enter or remain as a protected person” means—

(i) a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ii) a person granted stateless leave;

(iii) a person with section 67 leave to remain; or

(iv) a person with Calais leave;

(c) “protected child” means—

(i) a child of—

(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ab) a person granted stateless leave; or

(ac) a person with section 67 leave to remain;

(ii) a child of the spouse or civil partner of—

(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

(ab) a person granted stateless leave;

(d) “protected spouse or civil partner” means a spouse or civil partner of—

(i) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

(ii) a person granted stateless leave.”

73.  In Schedule 1, after paragraph 4ZA insert—

“Persons granted leave to remain as a protected partner and their children

4ZB.— (1) A person—

(a) granted leave to remain as a protected partner;

(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a) is the child of a person granted leave to remain as a protected partner;

(b) on the leave application date was under 18 years old and was the child of a person granted leave to remain as a protected partner;

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

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to remain as a protected partner.”

74.  In Schedule 1, omit paragraphs 4A (persons granted stateless leave and their family members) and 5A (persons with section 67 leave to remain).

75.  In Schedule 1, after paragraph 6 (workers, employed persons, self-employed persons and their family members) insert—

“6A.— (1) A person with protected rights or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 who—

(a) is—

(i) an EEA migrant worker or an EEA self-employed person;

(ii) a Swiss employed person or a Swiss self-employed person;

(iii) a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi) a family member of a person mentioned in sub-paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.”

76.  In Schedule 1, in paragraph 7—

(a) in sub-paragraph (1)—

(i) in paragraph (c), for the words from “, as extended” to the end substitute “(“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day;”;

(ii) after paragraph (c) insert—

“(d) for the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation the reference to “another Member State” is to be read as including the United Kingdom and the references to “that State” construed accordingly.”;

(b) in sub-paragraph (2), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”.

77.  In Schedule 1, after paragraph 7 insert—

“7A.— (1) A person with protected rights who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course;

(b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day as extended by the EEA Agreement, as it had effect immediately before IP completion day.

(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.”

78.  In Schedule 1, in paragraph 8(1)(b) (persons who are settled in the United Kingdom and have exercised right of residence elsewhere), in the English language text, for “implementation period” substitute “IP”.

79.  In Schedule 1, after paragraph 8 insert—

“8A.— (1) A person who—

(a) is settled in the United Kingdom;

(b) was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c) was ordinarily resident immediately before IP completion day—

(i) in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

(ii) in the United Kingdom where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(d) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”

80.  In Schedule 1, in paragraph 9 (EU nationals)—

(a) in the heading, at the end insert “etc.”;

(b) in sub-paragraph (1)(b)(ii), omit “a designated distance learning course,”;

(c) in sub-paragraph (5), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”.

81.  In Schedule 1, after paragraph 9 insert—

“9A.— (1) A person with protected rights—

(a) who is—

(i) an EU national on the first day of the first academic year of the course;

(ii) a family member of a person mentioned in sub-paragraph (i); or

(iii) a family member of a relevant person of Northern Ireland;

(b) who is—

(i) attending or undertaking a designated course in Wales; or

(ii) undertaking a designated part-time course or a designated postgraduate course in Wales;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

United Kingdom nationals

9B.— (1) A person—

(a) who is—

(i) a United Kingdom national on the first day of the first academic year of the course; or

(ii) a family member of a person mentioned in sub-paragraph (i);

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area and Switzerland; or

(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(c) who is—

(i) attending or undertaking a designated course in Wales; or

(ii) undertaking a designated part-time course or a designated postgraduate course in Wales;

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

9C.— (1) A person—

(a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course;

(b) who is—

(i) attending or undertaking a designated course in Wales; or

(ii) undertaking a designated part-time course or a designated postgraduate course in Wales;

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to paragraph (2), whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

Persons resident in Gibraltar

9D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is—

(i) attending or undertaking a designated course in Wales; or

(ii) undertaking a designated part-time course or a designated postgraduate course in Wales;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).”

82.  In Schedule 1, before paragraph 10 insert the heading—

“EU nationals ordinarily resident in the United Kingdom and Islands”.

83.  In Schedule 1, after paragraph 10 insert—

“10A.   A person with protected rights who—

(a) is an EU national on the first day of the first academic year of the course;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).”

84.  In Schedule 1, in paragraph 11(2) (children of Swiss nationals), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”.

85.  In Schedule 1, after paragraph 11 insert—

“11A.   A person with protected rights who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreements;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).”

86.  In Schedule 1, after paragraph 12 (children of Turkish workers) insert—

“12A.   A person who—

(a) is the child of a Turkish worker (“T”) where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b) immediately before IP completion day—

(i) was the child of T; and

(ii) was ordinarily resident in the United Kingdom;

(c) is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.”

87.  In Schedule 3, in paragraph 1, omit “, eligible distance learning student”.

88.  In Schedule 3, in paragraph 2, omit “, eligible distance learning student”.

89.  In Schedule 4, in paragraph 3, for “paragraph 9” substitute “paragraph 9, 9A, 9B, 9C or 9D”.

90.  In Schedule 4, in paragraph 6—

(a) in sub-paragraph (aa), after “a person with section 67 leave to remain” insert “or a person granted leave to remain as a protected partner”;

(b) after sub-paragraph (aa) insert—

“(ab) the student becomes a person with Calais leave;”;

(c) omit sub-paragraph (b);

(d) for sub-paragraph (c) substitute—

“(c) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;”;

(e) in sub-paragraph (d), for “3(a)” substitute “3(1)(a)”;

(f) for sub-paragraph (e) substitute—

“(e) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;”;

(g) in sub-paragraph (f), after “described in” insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;

(h) for sub-paragraph (g) substitute—

“(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or”;

(i) after sub-paragraph (g) insert—

“(h) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.”

(1)

S.I. 2017/47 (W. 21), amended by S.I. 2018/191 (W. 42); S.I. 2018/814 (W. 165); S.I. 2019/235 (W. 54); S.I. 2019/1094; S.I. 2019/1192 (W. 209); S.I. 2020/142 (W. 25); S.I. 2020/153 (W. 27); S.I. 2020/708 (W. 159); S.I. 2020/1302 (W. 287); S.I. 2021/9 (W. 4) and S.I. 2021/73 (W. 19).

(2)

2020 c. 1.

(3)

2002 c. 41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), Schedules 2 and 4, the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9, S.I. 2010/21 and the Immigration Act 2014 (c. 22), Schedule 9.