The Further Education (Student Support) (Eligibility) (Amendment) Regulations (Northern Ireland) 2024

CHAPTER 4 N.I. Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or abuse or as a bereaved partner

9.  In Part 2 of the Schedule (eligible students: categories) (as amended by regulations 4, 6 and 8 of these regulations)— N.I.

(a) in the heading to paragraph (3E)(1) (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph (3E)(2) 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 doestic 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 Northern Ireland 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 enter or remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph (3D)(3) (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”;

(e) paragraph (3D)(4) 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 Northern Ireland 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 Kindgom on those grounds under the immigration rules.”.

Commencement Information

I1 Reg. 9 in operation at 1.8.2024 with application in accordance with, see reg. 1(2)

(1)

paragraph (3E) was inserted by S.R. 2021 No. 202.

(2)

paragraph (3E) was inserted by S.R. 2021 No. 202.

(3)

paragraph (3D) was inserted by S.R. 2021 No. 202.

(4)

paragraph (3D) was inserted by S.R. 2021 No. 202.