The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012 (S.R. 2012 No.306). The principal amendments are made in consequence of the United Kingdom’s exit from the European Union and take effect in relation to an academic year beginning on or after 1st August 2021.

Regulation 3 amends the provisions relating to eligibility for student support to provide that eligibility categories applicable before 1st August 2021 to nationals of the European Union (including for these purposes nationals of the United Kingdom), EEA EFTA States and Switzerland and their family members and children of Turkish workers are restricted to persons undertaking a course beginning before 1st August 2021. The amendments also make provision for new eligibility categories which apply in relation to applications for support by persons undertaking courses in relation to an academic year beginning on or after 1st August 2021.

Regulations 4 to 12 amend the Schedule to the 2012 Regulations. Regulations 4, 7 and 8 amend the Schedule to insert definitions of, and residency criteria for, relevant categories of students.

The relevant categories of student are:

(a) persons granted section 67 leave under paragraph 352ZG of the immigration rules;

(b) dependent children of persons granted section 67 leave, who are granted “leave in line” under paragraph 352ZO of the immigration rules;

(c) persons granted Calais leave;

(d) dependent children of a person granted Calais leave who are granted “leave in line”;

(e) persons granted humanitarian protection;

(f) family members of persons granted humanitarian protection;

(g) persons granted indefinite leave to remain as a bereaved partner

(h) persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

(i) persons granted stateless leave;

(j) family members of persons granted stateless leave;

(k) persons granted leave to enter or remain on the grounds of discretionary leave;

(l) family members of persons granted leave to enter or remain on the grounds of discretionary leave.

There is no requirement that these students must have been ordinarily resident in the UK, the EEA or Switzerland for the 3 years immediately prior to the start of their course to qualify for funding. Further, if a student is granted the above leave after their course has begun, the student may become eligible for funding.

Regulations 5, 6, and 9 to 12 amend the Schedule principally to include new eligibility paragraphs and related definitions. The new paragraphs apply in relation to—

(i) UK nationals and Irish citizens who have been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA or Switzerland.

(ii) 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 of the European Union (Withdrawal Agreement) Act 2020), and those with equivalent rights;

(iii) frontier workers within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213) who have a right of admission to the United Kingdom under regulation 6 of those Regulations;

(iv) Irish citizen migrant and frontier workers and their family members;

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

(vi) persons with protected rights who are EU nationals or their family members, or family members of a relevant person of Northern Ireland who have been ordinarily resident in the UK, Gibraltar, the European Economic Area or Switzerland;

(vii) nationals of the United Kingdom and their family members who before IP completion day have been ordinarily resident in the European Economic Area or Switzerland and who come to the United Kingdom to study;

(viii) family members of nationals of the United Kingdom who are resident in the United Kingdom and Islands;

(ix) persons resident in Gibraltar before IP completion day; and

(x) EU nationals ordinarily resident in the United Kingdom and Islands

(xi) children of Swiss nationals entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement.

(xii) children of Turkish workers resident in the United Kingdom before IP completion day.

(xiii) persons entitled to claim long residence status.