The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

51.—(1) In regulation 7 (students becoming eligible in the course of an academic year)(1), 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)(2), 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 partner(3), 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.”.

(1)

Regulation 7 was substituted by S.I. 2023/74.

(2)

Paragraph 5B was inserted by S.I. 2020/48 and amended by S.I. 2023/74.

(3)

Paragraph 5D was inserted by S.I. 2020/1203 and amended by S.I. 2023/74.