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

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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). This item of legislation is currently only available in its original format.

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.”

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