The Education (Student Support) (Wales) Regulations 2018

[F1Category 2ZB - Persons granted [F2leave to enter or remain] as a protected partner and their childrenE+W

2ZB.—(1) A person—

(a)granted [F3leave to enter or remain] as a protected partner,

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave, and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is the child of a person granted [F4leave to enter or remain] as a protected partner,

(b)on the leave application date was under 18 years old and was the child of a person granted [F5leave to enter or remain] as a protected partner,

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted [F6leave to enter or remain] in the United Kingdom, and

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) In this paragraph—

(a)“leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted [F7leave to enter or remain] as a protected partner,

(b)“person granted [F8leave to enter or remain] as a protected partner” means a person [F9who has extant] [F8leave to enter or remain] in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner [F10, granted] [F11under any provisions of the immigration rules specified in either of the following cases]—

[F12Case 1

In the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—]

(i)paragraphs 289B and 289D (victims of domestic violence),

(ii)paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse),

(iii)paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces),

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

(v)paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners),

(vi)paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners), or

(vii)paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners).

[F13Case 2

In the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

(i)

paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(ii)

paragraph BP 11.1 of Appendix Bereaved Partner.]]

Textual Amendments

F1Sch. 2 para. 2ZB inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 131