The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (European University Institute) (Wales) Regulations 2014 (S.I. 2014/3037 (W. 303)) (“the European University Institute Regulations”). The amendments take effect in relation to an academic year beginning on or after 1 September 2022. The principal amendments made by these Regulations are—

(a) to make changes in consequence of the United Kingdom’s exit from the European Union;

(b) to make changes relating to persons with Calais leave or certain persons who are the victims of domestic violence or abuse or who are bereaved;

(c) to change the application deadline to 28 February.

Regulation 4 amends the definitions.

Regulation 5 amends the provisions relating to eligibility for student support. It makes provision for new eligibility categories which apply in relation to applications for support by students undertaking courses in an academic year beginning on or after 1 September 2022. It restricts certain eligibility categories applicable before 1 September 2022 to students falling within those categories before 1 September 2022 and undertaking a course beginning before 1 September 2022. Those eligibility categories continue to apply in relation to such a course and the first course to which that person’s status as an eligible student may be transferred in accordance with the European University Institute Regulations.

Regulation 6 makes corresponding amendments in relation to the transfer of eligibility of an eligible student.

Regulations 7 to 10 make amendments to provisions relating to grants for living and other costs, adult dependants’ grants and parents’ learning allowance.

Regulation 11 amends Schedule 1 to the European University Institute Regulations, principally to insert new eligibility paragraphs and related definitions. The amendments apply in relation to—

• persons granted humanitarian protection, persons granted stateless leave, persons with section 67 leave to remain and persons who satisfy the requirements of paragraphs 352J, 352K, 352L or 352T of the immigration rules, including children granted “leave in line” (persons with Calais leave);

• persons who are granted leave to remain in the United Kingdom under the immigration rules as a result of being a victim of domestic violence or domestic abuse or having been bereaved and their children;

• persons settled in the United Kingdom who have been ordinarily resident in the United Kingdom, the Channel Islands and the Isle of Man and the Republic of Ireland;

• persons falling within the personal scope of the citizens’ rights provisions of the EU withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement (“the Agreements”) who have leave to enter or remain in the United Kingdom granted under residence scheme immigration rules (as defined in section 17(1) of the European Union (Withdrawal Agreement) Act 2020);

• persons falling within the personal scope of the citizens’ rights provisions of the Agreements whose applications for such leave are not yet determined, and Irish citizens who do not require leave to enter or remain in the United Kingdom;

• family members of relevant persons of Northern Ireland who have leave to enter or remain in the United Kingdom under residence scheme immigration rules;

• frontier workers within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213);

• persons settled in the United Kingdom who exercised a right of residence in the European Economic Area or Switzerland before IP completion day;

• United Kingdom nationals and their family members who, before IP completion day, have been ordinarily resident in the European Economic Area or Switzerland, in relation to courses beginning before 1 January 2028;

• family members of United Kingdom nationals who are resident in the United Kingdom and Islands;

• United Kingdom nationals and their family members resident in Gibraltar and persons with a right to reside in Gibraltar arising under the EU withdrawal agreement;

• children of Swiss nationals who are entitled to support by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

• children of Turkish workers resident in the United Kingdom before IP completion day.

The amendments also make minor corrections.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.