33. The Further Education Loans Regulations 2012(1) are amended as follows.
34.—(1) In regulation 2(1), at the appropriate place in the alphabetical order, insert—
““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—
who has —
indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;
leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;
indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or
leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
(2) In regulation 3—
(a)in paragraph (2)(a)(i), after “5,” insert “5A,”;
(b)after paragraph (8) insert—
“(8A) Where—
(a)the Secretary of State has determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and
(b)as at the day before that course begins, the period for which the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,
A’s status as an eligible student terminates immediately before the first day of the course.”.
(3) In regulation 7(2), move the terminal “or” from after paragraph (k) to after paragraph (l) and after that paragraph insert—
“(m)the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.
(4) In Schedule 1 (eligible students), after paragraph 5, insert—
5A. A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in the United Kingdom on the first day of the designated further education course.”.
35.—(1) In regulation 2(1) of the Further Education Loans Regulations 2012—
(a)omit the definition of “grace period”;
(b)in the definition of “person with protected rights”, omit paragraph (a)(iii).
(2) In regulation 3(10)(a)(3)—
(a)in paragraph (i), omit “(iii),”;
(b)in paragraph (ii), omit “(iii) or”.
(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).
36.—(1) In regulation 3(2)(a)(i) after “9BA,” insert “9BB,”.
(2) In regulation 7(d)(4), for “or 9D(1)(a)” substitute “, 9D(1)(a) or (2)(a)”.
(3) In Schedule 1—
(a)in paragraph 1(1)—
(i)in paragraph (e) of the definition of “family member”(5) for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B and 9D, or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;
(ii)after the definition of “family member” insert—
““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;
(iii)after the definition of “settled” insert—
““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;
(b)for paragraph 1(5) substitute—
“(5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—
(a)A;
(b)A’s spouse or civil partner;
(c)A’s parent; or,
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.”;
(c)for paragraph 1(6) substitute—
“(6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—
(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
(b)in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;
(c)in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;
(d)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;
(e)in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and
(f)in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;
(d)in paragraph 3(1)(d)—
(i)omit “Gibraltar”; and
(ii)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(e)in paragraph 6A(1)(c)—
(i)omit “Gibraltar”; and
(ii)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(f)in paragraph 7A(1)(b)—
(i)omit “Gibraltar”; and
(ii)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(g)in paragraph 9A(1)—
(i)in paragraph (c)—
(aa)omit “Gibraltar”; and
(bb)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(ii)in paragraph (d)—
(aa)omit “Gibraltar”; and
(bb)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(h)in paragraph 9A(2)—
(i)omit “Gibraltar”; and
(ii)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(i)after paragraph 9BA(6) insert—
“9BB. A person—
(a)who is settled in the United Kingdom on the first day of the designated further education course;
(b)who is attending or undertaking a designated further education course in England;
(c)who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the designated further education course;
(d)who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the designated further education course;
(e)who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook immediately before undertaking the current course; and
(f)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).”;
(j)for paragraph 9D(7) substitute—
“9D.—(1) A person—
(a)who is—
(i)a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;
(ii)a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;
(b)who is attending or undertaking a designated further education course in England;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; and
(d)subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) A person—
(a)who is—
(i)an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or
(ii)a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;
(b)who is attending or undertaking a designated further education course in England;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the designated further education course; and
(d)subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).”;
(k)in paragraph 10A(d)—
(i)omit “Gibraltar”; and
(ii)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(l)in paragraph 11A(c)—
(i)omit “Gibraltar”; and
(ii)for “and Switzerland” substitute “, Switzerland and the overseas territories”;
(m)in paragraph 12A(d)—
(i)omit “Gibraltar”; and
(ii)for “and Turkey” substitute “, Turkey and the overseas territories”.
37. In Schedule 1, in paragraph 9C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.
38. In regulation 2(1), in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”.
39. In Schedule 1, in paragraph 13(1)(b), at the end insert “on the first day of a designated further education course”.
Regulation 7 has been amended including the insertion of paragraph 9l) by S.I. 2020/1203.
Paragraph (10) was substituted by S.I. 2021/127.
Paragraph (d) was substituted by S.I. 2021/127.
Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.
Paragraph 9BA was inserted by S.I. 2021/929.
Paragraph 9D was inserted by S.I. 2021/127.