The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019

Amendments relating to support available to persons granted section 67 leave

36.—(1) In regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection”, insert—

““person granted section 67 leave” means a person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules(1), having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016(2), or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

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

(2) In regulation 4(3) (eligible students), after paragraph (12A), insert—

“(12B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support in connection with a designated part-time or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current 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 the person granted section 67 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 student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.

(3) In regulation 17 (events)—

(a) in paragraph (g), omit “or”;

(b) in paragraph (h), at the end, for “.”, substitute “; or”;

(c) after paragraph (h), insert—

“(i) the person becomes a person granted section 67 leave.”.

(4) In regulation 85(2) (students becoming eligible in the course of an academic year)—

(a) in sub-paragraph (f), omit “or”;

(b) in sub-paragraph (g), at the end, for “.”, substitute “; or”;

(c) after sub-paragraph (g), insert—

“(h) the student becomes a person granted section 67 leave.”.

(5) In regulation 137(4) (eligible part-time students), after paragraph (10A), insert—

“(10B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course, or

(ii) 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 current 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 the person granted section 67 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.”.

(6) In regulation 138(4) (students becoming eligible for support under Part 11A during the course of the academic year)—

(a) in sub-paragraph (h), omit “or”;

(b) in sub-paragraph (i), at the end, for “.”, substitute “; or”;

(c) after sub-paragraph (i), insert—

“(j) the student becomes a person granted section 67 leave.”.

(7) In regulation 138A(2) (students becoming eligible for support under Part 11B in the course of an academic year)—

(a) in sub-paragraph (f), omit “or”;

(b) in sub-paragraph (g), at the end, for “.”, substitute “; or”;

(c) after sub-paragraph (g), insert—

“(h) the student becomes a person granted section 67 leave.”.

(8) In regulation 159(5) (eligible postgraduate students), after paragraph (15A), insert—

“(15B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible postgraduate student in connection with—

(i) an application for support for an earlier year of the current postgraduate course, or

(ii) 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 current 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 the person granted section 67 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.”.

(9) In regulation 160(2) (students becoming eligible in the course of an academic year)—

(a) in sub-paragraph (f), omit “or”;

(b) in sub-paragraph (g), at the end, for “.”, substitute “; or”;

(c) after sub-paragraph (g), insert—

“(h) the student becomes a person granted section 67 leave.”.

(10) In Part 2 (categories) of Schedule 1 (eligible students), after paragraph (4A), insert—

“Persons granted section 67 leave

4B.   A person granted section 67 leave who—

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

(b) 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.”.

(1)

The immigration rules are made under section 3(2) of the Immigration Act 1971 (c. 77).

(2)

2016 c.19.

(3)

Regulation 4 was amended by S.I. 2015/1951, 2017/114, 2018/136, 2018/137, 2018/434 and 2018/443.

(4)

Regulation 137 was amended by S.I. 2015/1951, 2017/114, 2018/137, 2018/434 and 2018/443.

(5)

Regulation 159 was amended by S.I. 2012/1653, 2014/2765, 2015/1951, 2017/52, 2017/114 and 2018/137. Paragraph (15A) was added by S.I.2018/137.