PART 3Corresponding amendments to other subordinate legislation
CHAPTER 1The Education (Fees and Awards) (England) Regulations 2007
Amendment of the Education (Fees and Awards) (England) Regulations 200713
The Education (Fees and Awards) (England) Regulations 200737 are amended in accordance with this Chapter.
Students settled in the United Kingdom14
1
In regulation 4 (fee charging), in paragraph (2)(a), for “8 or 8A” substitute “8, 8A or 9C”
.
2
In Schedule 1—
a
in paragraph 2(1)(a), in the opening words, omit “on the first day of the first academic year of the course”;
b
in paragraph 2(1)(a)(ii), after “United Kingdom” insert “on the first day of the first academic year of the course”
;
c
in paragraph 2A(1)(a)38 omit “on the course start date”;
d
in paragraph 9C(1)(a)(i)39 omit “on the first day of the first academic year of the course”.
Eligibility for home fee status in certain circumstances where leave to remain expired15
In regulation 4 (fee charging), after paragraph (2) insert—
2ZA
For the purposes of this regulation, where—
a
a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of Schedule 1 as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and
b
further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,
the person who would otherwise no longer fall within a paragraph of Schedule 1 is to be treated as falling within the paragraph of Schedule 1 in which they previously fell for the remainder of the duration of the course.
Victims of domestic abuse16
1
In both regulation 4(2C)(c) and (2D)(e)40 (fee charging) and paragraph 4C41 of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
2
In paragraph 4C of Schedule 1, in paragraph (1)(a)42 for sub-paragraphs (i) to (iii), substitute—
i
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
ii
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner17
1
In regulation 4 (fee charging), in paragraph (2C)(c) and (e), after “the person” insert “or the person’s parent”
.
2
In Schedule 1—
a
in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
b
paragraph 4C becomes sub-paragraph (1) of that paragraph;
c
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to enter or remain;
b
who—
i
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
ii
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in the United Kingdom on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.
d
in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)43, at the end, insert “and their children”
;
e
paragraph 4E becomes sub-paragraph (1) of that paragraph;
f
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to remain;
b
who—
i
is the child of a person granted indefinite leave to remain as a bereaved partner; and
ii
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in the United Kingdom on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.
Afghan Relocations and Assistance Policy Scheme18
In Schedule 1, in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
British citizens of Chagossian descent19
In Schedule 1, in paragraph 9C—
a
in sub-paragraph (1)—
i
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
ii
after paragraph (a)(i), omit “or”;
iii
after paragraph (a)(ii), insert—
or
iii
a person who is a British citizen and who—
aa
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
bb
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;
b
after sub-paragraph (2), insert—
3
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
4
Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.
CHAPTER 2The Education (Student Support) (European University Institute) Regulations 2010
Amendment of the Education (Student Support) (European University Institute) Regulations 201020
The Education (Student Support) (European University Institute) Regulations 201044 are amended in accordance with this Chapter.
Termination of eligible student status21
In regulation 9 (eligible students)—
a
in paragraph (10)(b), for the words from “the day before the that academic year begins” to the end of sub-paragraph (b), substitute—
the day before the day that academic year begins—
i
no further leave to remain has been granted,
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status is due to expire has not become a British or Irish citizen,
b
in paragraphs (10A)(b) and (10B)(b)45, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
c
in paragraph (10C)(b)46, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraph (11)(b), for the words from “the day before the that academic year begins” to the end of sub-paragraph (b), substitute—
the day before the day that academic year begins—
i
no further leave to remain has been granted,
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200247), and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom is due to expire has not become a British or Irish citizen,
e
in paragraph (11A)(b)48, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
f
in paragraph (11B)(b)49, after “protected rights” insert “and has not become a British or Irish citizen”
;
g
in paragraph (11C)(b)50, after “has expired” insert “and that person has not become a British or Irish citizen”
;
h
in paragraph (11D)(b)51, after “has been granted” insert “and that person has not become a British or Irish citizen”
.
Afghan Relocations and Assistance Policy Scheme22
In Schedule 1 (eligible students: interpretation), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
CHAPTER 3The Further Education Loans Regulations 2012
Amendment of the Further Education Loans Regulations 201223
The Further Education Loans Regulations 201252 are amended in accordance with this Chapter.
Victims of domestic abuse24
1
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
a
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
b
for sub-paragraphs (i) to (iii), substitute—
i
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
ii
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
2
In both regulation 6(2)(g) and paragraph 4C53 of Schedule 1, in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme25
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,
Termination of eligible student status26
In regulation 3 (eligible students)—
a
in paragraph (7)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,
b
in paragraphs (7A)(b), (7B)(b) and (8B)(b)54, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
c
in paragraph (7C)(b)55, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraph (8)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,
e
in paragraph (8A)(b)56, after “has expired” insert “and that person has not become a British or Irish citizen”
;
f
in paragraph (9)(b)57, “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
g
in paragraph (10)(b)58, after “protected rights” insert “and has not become a British or Irish citizen”
;
h
after paragraph (10) insert—
11
Where—
a
the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and
b
as at the day before the course begins, the period for which A is allowed to stay in the United Kingdom has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
iii
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner27
1
In regulation 6 (students becoming eligible after a designated further education course has begun), in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”
.
2
In Schedule 1—
a
in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
b
paragraph 4C becomes sub-paragraph (1) of that paragraph;
c
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to enter or remain;
b
who—
i
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
ii
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in the United Kingdom on the first day of the designated further education course.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.
d
in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)59, at the end, insert “and their children”
;
e
paragraph 4E becomes sub-paragraph (1) of that paragraph;
f
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to remain;
b
who—
i
is the child of a person granted indefinite leave to remain as a bereaved partner; and
ii
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in the United Kingdom on the first day of the designated further education course.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.
Students settled in the United Kingdom28
1
In regulation 6 (students becoming eligible after a designated further education course has begun)60 in paragraph (2)—
a
after sub-paragraph (b) insert—
ba
the student becomes a person described in paragraph 2 of Schedule 1;
bb
the student becomes a person described in paragraph 2A of Schedule 1;
b
after sub-paragraph (d) insert—
da
the student becomes a person described in paragraph 9BB of Schedule 1;
2
In Schedule 1—
a
in paragraphs 2(1), 2A(1)(a) and 9BB(1)(a)(i)61 omit “on the first day of the designated further education course”;
b
in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the designated further education course”
.
British citizens of Chagossian descent29
In Schedule 1, in paragraph 9BB—
a
in sub-paragraph (1)—
i
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
ii
in paragraph (a), the words from “settled in” become sub-paragraph (i);
iii
after that sub-paragraph (i), insert—
or
ii
a person who is a British citizen and who—
aa
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
bb
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;
b
after sub-paragraph (2), insert—
3
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the designated further education course in which they are not ordinarily resident in the United Kingdom or the Islands.
4
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.
CHAPTER 4The Education (Postgraduate Master’s Degree Loans) Regulations 2016
Amendments to the Education (Postgraduate Master’s Degree Loans) Regulations 201630
The Education (Postgraduate Master’s Degree Loans) Regulations 201662 are amended in accordance with this Chapter.
Victims of domestic abuse31
1
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
a
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
b
for sub-paragraphs (i) to (iii), substitute—
i
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
ii
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
2
In both regulation 7(2)(g) and paragraph 4C63 of Schedule 1, in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme32
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
Termination of eligible student status33
In regulation 3—
a
in paragraph (8A)(b)64 for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,
b
in paragraph (8B)(b)65, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
c
in paragraphs (8C)(b) and (8D)(b)66, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraph (8E)(b)67, for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,
e
in paragraph (8F)(b)68, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
f
in paragraph (8G)(b)69, after “has expired” insert “and the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
g
in paragraph (8H)(b)70, after “has been granted” insert “and the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
h
after paragraph (8H) insert—
8I
Where—
a
the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a postgraduate master’s degree loan for a designated course; and
b
as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200271); and
iii
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the relevant day.
i
in paragraph (9)(b)72, after “protected rights” insert “and has not become a British or Irish citizen”
;
j
in paragraph (10)(a)73, for “, (8G) and (8H)” substitute “and (8G) to (8I)”
.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner34
1
In regulation 7 (students becoming eligible in the course of an academic year)74, in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”
.
2
In Schedule 1—
a
in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
b
paragraph 4C becomes sub-paragraph (1) of that paragraph;
c
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to enter or remain;
b
who—
i
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
ii
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in England on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.
d
in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)75, at the end, insert “and their children”
;
e
paragraph 4E becomes sub-paragraph (1) of that paragraph;
f
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to remain;
b
who—
i
is the child of a person granted indefinite leave to remain as a bereaved partner; and
ii
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in England on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.
Students settled in the United Kingdom35
1
In regulation 7 (students becoming eligible in the course of an academic year) in paragraph (2)—
a
after sub-paragraph (b) insert—
ba
the student becomes a person described in paragraph 2 of Schedule 1;
bb
the student becomes a person described in paragraph 2A of Schedule 1;
b
after sub-paragraph (d) insert—
da
the student becomes a person described in paragraph 9BB of Schedule 1;
Substitution of amounts36
In regulation 12 (amount of the postgraduate master’s degree loan), in paragraphs (1) and (2), for “£12,167” substitute “£12,471”
.
British citizens of Chagossian descent37
In Schedule 1 (eligible students), in paragraph 9BB—
a
in sub-paragraph (1)—
i
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
ii
in paragraph (a), the words from “settled in” become sub-paragraph (i);
iii
after that sub-paragraph (i), insert—
or
ii
a person who is a British citizen and who—
aa
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
bb
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;
b
after sub-paragraph (2), insert—
3
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
4
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.
CHAPTER 5The Higher Education (Fee Limit Condition) (England) Regulations 2017
Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 201738
The Higher Education (Fee Limit Condition) (England) Regulations 201778 are amended in accordance with this Chapter.
Victims of domestic abuse39
1
In regulation 2 (interpretation), in paragraph (bba)79 (the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”)—
a
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
b
for sub-paragraphs (aa) to (cc), substitute—
aa
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
bb
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
2
In both regulation 6(2)(j) (effect of event during academic year) and paragraph 5C80 of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 5C of the Schedule, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme40
In regulation 2 (interpretation), in paragraph (bbac) (the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”), for sub-paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
Eligibility for fee caps in certain circumstances where leave to remain expired41
In regulation 4 (qualifying person), after paragraph (6) insert—
6A
For the purposes of this regulation, where—
a
a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and
b
further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,
the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.
Qualified teacher learning and skills status42
In regulation 5 (qualifying person: exceptions)—
a
after paragraph (1), insert—
1A
A person is not a qualifying person if—
a
the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of the Education (Student Support) Regulations 2011; and
b
the person has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of those Regulations and achieved the intended qualification.
b
omit paragraph (2A)81;
c
in paragraph (3), omit sub-paragraph (f)82.
Students settled in the United Kingdom43
1
In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)—
a
after sub-paragraph (d) insert—
da
the student becomes a person described in paragraph 3 in Part 2 of the Schedule;
db
the student becomes a person described in paragraph 3A in Part 2 of the Schedule;
b
after sub-paragraph (g) insert—
ga
the student becomes a person described in paragraph 10C in Part 2 of the Schedule;
2
In the Schedule—
a
in the opening words of paragraph 3(1) and in paragraph 10C(1)(a)(i)83, omit “on the first day of the first academic year of the course”;
b
in paragraph 3(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course”
;
c
in paragraph 3A(1)(a)84, omit “on the course start date”.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner44
1
In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)(j) and (l)85, after “the student” insert “or the student’s parent”
.
2
In the Schedule—
a
in the heading to paragraph 5C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
b
paragraph 5C becomes sub-paragraph (1) of that paragraph;
c
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to enter or remain;
b
who—
i
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
ii
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in the United Kingdom on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.
d
in the heading to paragraph 5E86 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”
;
e
paragraph 5E becomes sub-paragraph (1) of that paragraph;
f
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to remain;
b
who—
i
is the child of a person granted indefinite leave to remain as a bereaved partner; and
ii
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in the United Kingdom on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.
British citizens of Chagossian descent45
In the Schedule, in paragraph 10C—
a
in sub-paragraph (1)—
i
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
ii
after paragraph (a)(i), omit “or”;
iii
after paragraph (a)(ii), insert—
or
iii
a person who is a British citizen and who—
aa
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
bb
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;
b
after sub-paragraph (2), insert—
3
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
4
Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.
CHAPTER 6The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 201846
The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 201887 are amended in accordance with this Chapter.
Victims of domestic abuse47
1
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
a
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
b
for sub-paragraphs (i) to (iii), substitute—
i
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
ii
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
2
In both regulation 7(2)(g) (students becoming eligible in the course of an academic year) and paragraph 5B88 of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 5B of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme48
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
Termination of eligible student status49
In regulation 3 (eligible students)—
a
in paragraph (11A)(b)89 for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200290); and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,
b
in paragraph (11B)(b)91, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
c
in paragraphs (11C)(b) and (11D)(b)92, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraph (11E)93, for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
iii
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,
e
in paragraph (11F)(b)94, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
f
in paragraph (11G)(b)95, after “has expired” insert “and the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
g
in paragraph (11H)(b)96, after “has been granted” insert “and the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
h
after paragraph (11H) insert—
11I
Where—
a
the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 14 of Schedule 1 (long residence) in connection with an application for a postgraduate doctoral degree loan for a designated course; and
b
as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—
i
no further leave to remain has been granted;
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
iii
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the relevant day.
i
in paragraph (12)(b)97, after “protected rights” insert “and has not become a British or Irish citizen”
;
j
in paragraph (13)(a)98 for “, (11G) and (11H)” substitute “and (11G) to (11I)”
.
Students settled in the United Kingdom50
1
In regulation 7 (students becoming eligible in the course of an academic year), in paragraph (2)—
a
after sub-paragraph (b) insert—
ba
the student becomes a person described in paragraph 2 of Schedule 1;
bb
the student becomes a person described in paragraph 2A of Schedule 1;
b
after sub-paragraph (d) insert—
da
the student becomes a person described in paragraph 10BB of Schedule 1;
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner51
1
In regulation 7 (students becoming eligible in the course of an academic year)101, in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”
.
2
In Schedule 1—
a
in the heading to paragraph 5B (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)102, at the end, insert “and their children”
;
b
paragraph 5B becomes sub-paragraph (1) of that paragraph;
c
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to enter or remain;
b
who—
i
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
ii
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in England on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.
d
in the heading to paragraph 5D (persons granted indefinite leave to remain as a bereaved partner103, at the end, insert “and their children”
;
e
paragraph 5D becomes sub-paragraph (1) of that paragraph;
f
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to remain;
b
who—
i
is the child of a person granted indefinite leave to remain as a bereaved partner; and
ii
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in England on the course start date.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.
Substitution of amounts52
1
In regulation 12 (amount of the postgraduate doctoral degree loan), in paragraph (1)(a) for “£28,673” substitute “£29,390”
.
2
In regulation 13 (payment of postgraduate doctoral degree loans), in paragraph (4), for “£12,167” substitute “£12,471”
.
British citizens of Chagossian descent53
In Schedule 1, in paragraph 10BB—
a
in sub-paragraph (1)—
i
at the beginning, insert “Subject to paragraphs (3) and (4),”
;
ii
in paragraph (a), the words from “settled in” become sub-paragraph (i);
iii
after that sub-paragraph (i), insert—
or
ii
a person who is a British citizen and who—
aa
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
bb
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;
b
after sub-paragraph (2), insert—
3
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
4
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.
CHAPTER 7The Higher Education Short Course Loans Regulations 2022
Amendment of the Higher Education Short Course Loans Regulations 202254
The Higher Education Short Course Loans Regulations 2022104 are amended in accordance with this Chapter.
Victims of domestic abuse55
1
In regulations 2(2)(d) (interpretation) and 7(2)(e) (students who cease to be eligible students before the start of an HE short course) and paragraph 9 of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 9 of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
2
In Schedule 1, in paragraph 1(1) (interpretation), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
a
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
b
in paragraph (a), for sub-paragraphs (i) to (iii), substitute—
i
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
ii
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),
Termination of eligible student status56
1
In regulation 3 (eligible students)—
a
in paragraph (5)(c)—
i
after paragraph (i), omit “and”;
ii
after paragraph (ii), omit the semi-colon and insert—
, and
iii
the person (P or R) whose refugee status has expired has not become a British or Irish citizen;
b
in paragraph (5)(d)—
i
after paragraph (i), omit “and”;
ii
after paragraph (ii), omit the semi-colon and insert—
, and
iii
the person (P or H) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;
c
in paragraph (5)(e)—
i
after paragraph (i), omit “and”;
ii
after paragraph (ii), omit the semi-colon and insert—
, and
iii
the person (P or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;
d
in paragraph (5)(f)—
i
after paragraph (i), omit “and”;
ii
after paragraph (ii), omit the semi-colon and insert—
, and
iii
P has not become a British or Irish citizen;
e
in paragraph (5)(g), at the end, insert “and has not become a British or Irish citizen”
;
f
in paragraph (5)(h)105, at the end, insert “and the person (P or A) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
g
in paragraph (5)(i)106, at the end, insert “and the person (P or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
h
after paragraph (5)(i), insert—
j
where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of paragraph 25 of Schedule 1 (long residence), the period for which P is allowed to stay in the United Kingdom has expired and P has not become a British or Irish citizen.
2
In regulation 6 (students who cease to be eligible students before the start of an HE short course)—
a
in paragraph (2)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted,
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
iii
the person (P or P’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen.
b
in paragraph (3)(b), after “has been granted” insert “and the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.”
;
c
in paragraphs (4)(b) and (5)(b) after “has been granted” insert “and P has not become a British or Irish citizen”
;
d
in paragraph (6)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
has expired and—
i
no further leave to remain has been granted,
ii
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
iii
the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.
e
in paragraph (7)(b), after “has been granted under those rules” insert “and P has not become a British or Irish citizen”
;
f
in paragraph (8)(b), after “protected rights” insert “and P has not become a British or Irish citizen”
;
g
in paragraph (9)(b), for “P is allowed to stay in the United Kingdom has expired” substitute “the person granted leave under one of the Afghan schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.”
;
h
in paragraph (9A)(b)107, for “P is allowed to stay in the United Kingdom has expired” substitute “the person granted leave under one of the Ukraine schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.”
;
i
after paragraph (9A) insert—
9B
This paragraph applies in relation to a person (“P”) if—
a
the Secretary of State has determined that, by virtue of being a person granted leave under paragraph 25 of Schedule 1 (long residence), P is an eligible student in connection with an application for an HESC loan for the relevant course, and
b
as at the day before the current course begins, the period P is allowed to stay in the United Kingdom has expired and—
i
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
ii
P has not become a British or Irish citizen.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner57
1
In regulation 7 (students becoming eligible after the start of an HE short course), in paragraph (2)(e) and (f), after “the student” insert “or the student’s parent”
.
2
In Schedule 1—
a
in the heading to paragraph 9 (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
b
paragraph 9 becomes sub-paragraph (1) of that paragraph;
c
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to enter or remain;
b
who—
i
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
ii
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in England on the first day of the HE short course.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to enter or remain in the United Kingdom on those grounds under the immigration rules.
d
in the heading to paragraph 11 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”
;
e
paragraph 11 becomes sub-paragraph (1) of that paragraph;
f
after that sub-paragraph (1) insert—
2
A person—
a
granted indefinite leave to remain;
b
who—
i
is the child of a person granted indefinite leave to remain as a bereaved partner; and
ii
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
c
who was under 18 on the leave application date;
d
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
e
who is ordinarily resident in England on the first day of the HE short course.
3
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.
Students settled in the United Kingdom58
1
In regulation 7 (students who become eligible students after the start of an HE short course) in paragraph (2)—
a
after sub-paragraph (g) insert—
ga
the student becomes a person described in paragraph 3 of Part 2 of Schedule 1;
gb
the student becomes a person described in paragraph 4 of Part 2 of Schedule 1;
b
after sub-paragraph (i) insert—
ia
the student becomes a person described in paragraph 19 of Part 2 of Schedule 1;
2
In Schedule 1 (eligible students)—
a
in paragraphs 3(1)(a), 4(1)(a) and 19(1)(a)(i)108 omit “on the first day of the HE short course”;
b
in paragraph 3(1)(a)(ii), after “England”, insert “on the first day of the HE short course”
.
Afghan Relocations and Assistance Policy Scheme59
In Schedule 1 (eligible students: interpretation), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, for sub-paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,
British citizens of Chagossian descent60
In Schedule 1, in paragraph 19—
a
in sub-paragraph (1)—
i
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
ii
in paragraph (a)109, the words from “settled in” become sub-paragraph (i);
iii
after that sub-paragraph (i), insert—
or
ii
a person who is a British citizen and who—
aa
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
bb
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;
b
after sub-paragraph (2), insert—
3
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the HE short course in which they are not ordinarily resident in the United Kingdom or the Islands.
4
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.