38. In Schedule 1, after paragraph 5 (persons with leave to enter or remain and their family members) insert—
5A.—(1) A person who—
(a)is a person with section 67 leave to remain;
(b)is ordinarily resident in Wales on the first day of the first academic year of the course; and
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
(2) A person who—
(a)is the child of a person with section 67 leave to remain;
(b)on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;
(c)is ordinarily resident in Wales on the first day of the first academic year of the course; and
(d)has been ordinarily resident in the United Kingdom and Islands for the three-year period preceding the first day of the first academic year of the course.
(3) In this paragraph, “leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.”