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The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021

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Amendments relating to Persons granted indefinite leave to remain as a bereaved partner

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12.  The 2009 Regulations are amended as follows—

(a)in regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection” (as inserted by these regulations) insert—

““person granted indefinite leave to remain as a bereaved partner” means a person—

(a)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners),

(ii)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners),

(iii)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or

(iv)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces), and

(b)

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

(b)in regulation 18 (events) after sub-paragraph (j) (as inserted by these regulations), insert—

“(k)the student becomes a person granted indefinite leave to remain as a bereaved partner; or”;

(c)in regulation 74(2) (students becoming eligible in the course of an academic year) after sub-paragraph (i) (as inserted by these regulations), insert—

“(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or”;

(d)in regulation 83(2) (students becoming eligible in the course of an academic year) after sub-paragraph (i) (as inserted by these regulations), insert—

“(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or”;

(e)in regulation 106(4) (students becoming eligible in the course of an academic year) after sub-paragraph (k) (as inserted by these regulations), insert—

“(l)the student becomes a person granted indefinite leave to remain as a bereaved partner; or”;

(f)in regulation 123(3) (students becoming eligible in the course of an academic year) after sub-paragraph (k) (as inserted by these regulations), insert—

“(l)the student becomes a person granted indefinite leave to remain as a bereaved partner; or”;

(g)in regulation 140(2) (students becoming eligible in the course of an academic year) after sub-paragraph (i) (as inserted by these regulations), insert—

“(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or”;

(h)in regulation 151 (events) after sub-paragraph (j) (as inserted by these regulations), insert—

“(k)the student becomes a person granted indefinite leave to remain as a bereaved partner; or”;

(i)in Part 2 (categories) of Schedule 2 (eligible students), after paragraph 4C (as inserted by these regulations), insert—

“Persons granted indefinite leave to remain as a bereaved partner

4D.  — A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.”.

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