The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023

PART 8 Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

CHAPTER 1 Introduction

65.  The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019(1) are amended in accordance with this Part.

CHAPTER 2 Family members of Afghan citizens

66.  In regulation 16(1)(b)(ia), at the end insert “or the spouse, civil partner, child or stepchild of such a person”.

67.  In Schedule 2, in paragraph 2A(4)—

(a) in paragraph (da)—

(i) omit sub-paragraph (ia);

(ii) after sub-paragraph (ii) insert “or”;

(iii) omit sub-paragraph (iv) and the “or” before it;

(b) in paragraph (f)(i)—

(i) omit “or” at the end of paragraph (ab);

(ii) at the end of paragraph (ac), for the semi colon substitute “, or”;

(iii) after paragraph (ac) insert—

“(ad) a person with leave to enter or remain as a relevant Afghan citizen;”;

(c) in paragraph (f)(ii)—

(i) omit “or” after paragraph (aa);

(ii) at the end of paragraph (ab), for the semi colon substitute “, or”;

(iii) after paragraph (ab) insert—

“(ac) a person with leave to enter or remain as a relevant Afghan citizen;”;

(d) in paragraph (g)—

(i) omit “or” after sub-paragraph (i);

(ii) at the end of sub-paragraph (ii), for the full stop substitute “, or”;

(iii) after sub-paragraph (ii) insert—

“(iii) a person with leave to enter or remain as a relevant Afghan citizen.”

CHAPTER 3 Family members of Ukrainian nationals

68.  In regulation 16(1)(b)(ib), at the end insert “or the spouse, civil partner, child or stepchild of such a person”.

69.  In Schedule 2, in paragraph 2C—

(a) after sub-paragraph (1) insert—

“(1A) A person who—

(a) is the spouse or civil partner of a protected Ukrainian national,

(b) on the leave application date was the spouse or civil partner of that person,

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

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

(1B) A person who—

(a) is—

(i) the child of a protected Ukrainian national, or

(ii) the child of the spouse or civil partner of a protected Ukrainian national,

(b) on the leave application date was—

(i) under 18 years old, and

(ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national,

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

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

(b) after sub-paragraph (2) insert—

“(3) In this paragraph, “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 leave to enter or remain as a protected Ukrainian national.”

70.  In Schedule 4, in Table 3, after the entry for “leave application date” in the second place it occurs, insert the following table entry—

““leave application date” (for the purpose of determining if a person is a spouse, civil partner, child or stepchild of a protected Ukrainian national)

Schedule 2, paragraph 2C(3)”

CHAPTER 4 Early termination of eligibility

71.  Before regulation 12A insert the heading “Persons who cease to have leave to remain under residence scheme immigration rules”.

72.  In regulation 12A—

(a) in paragraph (b), for “as at the day before the first day of the first academic year of that designated course” substitute “as at the day before the relevant day”;

(b) in the words after paragraph (b), for “immediately before the first day of the first academic year of that designated course” substitute “immediately before the relevant day”.

73.  After regulation 12A insert—

“12AA.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with an application for support for a designated course; and

(b) as at the end of the day before the relevant day, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules, and no further leave to enter or remain has been granted under those rules,

A’s status as an eligible student terminates immediately before the relevant day.”

74.  After regulation 12AA (as inserted by regulation 73 of these Regulations) insert—

“Refugees who cease to have leave to remain

12B.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a refugee or the spouse, civil partner, child or stepchild of a refugee, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, the refugee status of A, or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Persons who cease to have stateless leave

12C.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending,

A’s status as an eligible student terminates immediately before the relevant day.

Persons who cease to have leave to enter or remain

12D.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Persons who cease to have humanitarian protection

12E.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, the period for which the person with leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Persons who cease to have section 67 leave to remain

12F.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, the period for which the person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Persons who cease to have Calais leave

12G.   Where—

(a) the Welsh Ministers have determined that by virtue of being a person with Calais leave, a person (“A”) was an eligible student in connection with an application for support 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 no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.

Persons who cease to be protected Ukrainian nationals

12H.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a protected Ukrainian national or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, the status of A as a protected Ukrainian national or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to enter or remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.

Persons who cease to have leave to enter or remain as a relevant Afghan citizen

12I.   Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with leave to enter or remain as a relevant Afghan citizen or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, the period for which the person granted leave to enter or remain as a relevant Afghan citizen is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.

12J.   Regulations 12A, 12AA, 12B, 12C, 12D, 12E, 12F, 12G, 12H and 12I do not apply where, as at the end of the day before relevant day—

(a) A, or

(b) the person who, as a result of their immigration status, caused A to be an eligible student,

is a British or Irish citizen.”

75.  In Schedule 1, paragraph 3(1), at the appropriate place insert—

““relevant day” (“diwrnod perthnasol”) means—

(a)

the first day of the first academic year of the designated course (“the AY1 start date”); or

(b)

if the relevant status or period for which a person is allowed to stay in the United Kingdom expires on or after AY1 start date, the first day of the academic year which begins immediately after the academic year during which the status or period expires.”

76.  In Schedule 4, in Table 3, at the appropriate place insert the following table entry—

““relevant day”

Schedule 1, paragraph 3(1)”

CHAPTER 5 Scottish healthcare allowances

77.  In regulation 10(1), in Exception 9, omit paragraph (b).

(1)

S.I. 2019/895 (W. 161), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2022/403 (W. 100), S.I. 2022/764 (W. 166) and S.I. 2023/633 (W. 97). There are other amending instruments but none are relevant.