5.—(1) A person who—
(a)is a refugee;
(b)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee;
(c)is ordinarily resident in the United Kingdom on [F1the course start date].
(2) A person who—
(a)is the spouse or civil partner of a refugee;
(b)was the spouse or civil partner of the refugee on the date on which the refugee applied for asylum;
(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was given leave to remain in the United Kingdom; and
(d)is ordinarily resident in the United Kingdom on [F2the course start date].
(3) A person who—
(a)is the child of a refugee or the child of the spouse or civil partner of a refugee;
(b)on the date on which the refugee applied for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;
(c)was under 18 years of age on the date on which the refugee applied for asylum;
(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was given leave to remain in the United Kingdom; and
(e)is ordinarily resident in the United Kingdom on [F3the course start date].
(4) In this paragraph, “refugee” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M1 as extended by the Protocol thereto which entered into force on 4th October 1967 M2.
Textual Amendments
F1Words in Sch. para. 5(1)(c) substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 104(2)(a)
F2Words in Sch. para. 5(2)(d) substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 104(2)(b)
F3Words in Sch. para. 5(3)(e) substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 104(2)(c)
Marginal Citations
M1Cmnd. 9171.
M2Cmnd. 3906.