SCHEDULE 1ELIGIBLE STUDENTS

PART 2Categories

Persons with leave to enter or remain5

1

A person—

a

with leave to enter or remain;

b

who is ordinarily resident in England on the relevant date; and

c

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

2

A person—

a

who is the spouse or civil partner of a person with leave to enter or remain;

b

who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made the application for asylum;

c

who is ordinarily resident in England on the relevant date; and

d

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

3

A person—

a

who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

b

who, on the date on which the person with leave to enter or remain made the application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

c

who was under 18 on the date on which the person with leave to enter or remain made the application for asylum;

d

who is ordinarily resident in England on the relevant date; and

e

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.