The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022

Eligibility of relocated Afghan citizens

18.—(1) In regulation 9(11C)(1), in the opening words of sub-paragraph (a), and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes, as that expression is defined in paragraph 1(1) of Schedule 1”.

(2) In Schedule 1—

(a) in paragraph 1(1)—

(i) after the definition of “Member State”, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or

(ii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(ii) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(aa) in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(bb) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(cc) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;

(b) in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(1)

Each of the provisions amended by this regulation was inserted into S.I. 2010/447 by S.I. 2021/1348.