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

Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

36.  In the Schedule, for paragraph 4A (persons granted stateless leave and their family members) substitute—

“Protected persons and their family members

4A.— (1) A person—

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

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

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

(4) 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 enter or remain as a protected person.”