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

Termination of eligible student status

21.  In regulation 9 (eligible students)—

(a) in paragraph (10)(b), for the words from “the day before the that academic year begins” to the end of sub-paragraph (b), substitute—

“the day before the day that academic year begins—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status is due to expire has not become a British or Irish citizen,”;

(b) in paragraphs (10A)(b) and (10B)(b)(1), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraph (10C)(b)(2), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (11)(b), for the words from “the day before the that academic year begins” to the end of sub-paragraph (b), substitute—

“the day before the day that academic year begins—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(3)), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom is due to expire has not become a British or Irish citizen,”;

(e) in paragraph (11A)(b)(4), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(f) in paragraph (11B)(b)(5), after “protected rights” insert “and has not become a British or Irish citizen”;

(g) in paragraph (11C)(b)(6), after “has expired” insert “and that person has not become a British or Irish citizen”;

(h) in paragraph (11D)(b)(7), after “has been granted” insert “and that person has not become a British or Irish citizen”.

(1)

Paragraph (10A) was inserted by S.I. 2018/137 and paragraph (10B) by S.I. 2019/142.

(2)

Paragraph (10C) was inserted by S.I. 2020/48.

(3)

2002 c. 41. Section 104 was amended by Schedule 9 to the Immigration Act 2014 and by S.I. 2005/565, 2010/21 and 2014/2771.

(4)

Paragraph (11A) was inserted by S.I. 2021/127.

(5)

Paragraph (11B) was inserted by S.I. 2021/127 and amended by S.I. 2021/929 and 2021/1348.

(6)

Paragraph (11C) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57 and 2023/74.

(7)

Paragraph (11D) was inserted by S.I. 2022/534 and amended by S.I. 2023/74.