The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021

PART 7 AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2018

Amendments to the Education (Student Support) (Wales) Regulations 2018

41.  The Education (Student Support) (Wales) Regulations 2018(1) are amended in accordance with regulations 42 to 51.

42.  In regulation 23—

(a) in paragraph (1)(a), for “Category 3 eligible student (see Schedule 2)” substitute “Category 3 eligible student or an eligible student on grounds of humanitarian protection under paragraph 339C of the immigration rules (see Schedule 2)”;

(b) in paragraph (1)(b)(ii), after “eligible student” insert “or an eligible student on grounds of humanitarian protection under paragraph 339C of the immigration rules”.

43.  In regulation 80—

(a) for paragraph (2)(b)(i) substitute—

“(i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;”;

(b) in paragraph (3), in the appropriate place insert ““immigration rules” (“rheolau mewnfudo”);”.

44.  For regulation 81(3)(b)(i) substitute—

“(i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;”.

45.  In Schedule 2, after paragraph 2 (Category 2 - refugees and their family members) insert—

“Category 2ZA - Protected persons and their family members

2ZA.— (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 the person was 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 spouse or civil partner of a person granted leave to enter or remain as a protected person,

(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, and

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

(3) A person—

(a) who—

(i) is the child of a person granted leave to enter or remain as a protected person, or the child of the spouse or civil partner of a person granted leave to enter or remain as a protected person, and

(ii) on the leave application date, was the child of a person granted leave to enter or remain as a protected person or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person,

(b) who was under 18 on the leave application date, and

(c) who 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 made an application for leave to enter or remain in the United Kingdom that results in a person becoming a person granted leave to enter or remain as a protected person;

(b) “person granted leave to enter or remain as a protected person” means a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules.”

46.  In Schedule 2, in paragraph 2A (Category 2A - persons granted stateless leave and their family members)—

(a) for sub-paragraph (1) substitute—

“(1) A person granted stateless leave who is ordinarily resident in Wales on the first day of the first academic year of the course.”;

(b) at the end of sub-paragraph (2)(a)(ii) insert “and”;

(c) at the end of sub-paragraph (2)(b) for “, and” substitute a full stop;

(d) omit sub-paragraph (2)(c);

(e) at the end of sub-paragraph (3)(b) insert “and”;

(f) at the end of sub-paragraph (3)(c) for “, and” substitute a full stop;

(g) omit sub-paragraph (3)(d).

47.  In Schedule 2, in paragraph 3 (Category 3 - persons with leave to enter or remain and their family members), in sub-paragraph (4)(a)(i), omit “humanitarian protection or”.

48.  In Schedule 2, in paragraph 3A (Category 3A - persons with section 67 leave to remain)—

(a) at the end of sub-paragraph (1)(a) insert “and”;

(b) at the end of sub-paragraph (1)(b) for “, and” substitute a full stop;

(c) omit sub-paragraph (1)(c);

(d) at the end of sub-paragraph (2)(b) insert “and”;

(e) at the end of sub-paragraph (2)(c) for “, and” substitute a full stop;

(f) omit sub-paragraph (2)(d).

49.  In Schedule 4 (disabled postgraduate student’s grant), in paragraph 13 (other persons who cease to have leave to enter or remain)—

(a) in sub-paragraph (1)(a), for “category 3 eligible postgraduate student (see Schedule 2)” substitute “category 3 eligible postgraduate student or an eligible postgraduate student on grounds of humanitarian protection under paragraph 339C of the immigration rules (see Schedule 2)”;

(b) in sub-paragraph (1)(b)(ii), after “postgraduate student” insert “or an eligible postgraduate student on grounds of humanitarian protection under paragraph 339C of the immigration rules”.

50.  In Schedule 4, in paragraph 14 (becoming eligible during an academic year)—

(a) for sub-paragraph (3)(b)(i) substitute—

“(i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;”;

(b) in sub-paragraph (4), in the appropriate place insert ““immigration rules” (“rheolau mewnfudo”);”.

51.  In Schedule 5, in paragraph 4 (students becoming eligible during the course of an academic year)—

(a) for sub-paragraph (2)(a) substitute—

“(a) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;”;

(b) in sub-paragraph (3), in the appropriate place insert ““immigration rules” (“rheolau mewfudo”);”.

(1)

S.I. 2018/191 (W. 42), amended by S.I. 2018/813 (W. 164); 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); and S.I. 2020/1302 (W. 287) (as from IP completion day, as defined by the European Union (Withdrawal Agreement) Act 2020 (c. 1), section 39(1) to (5)).