The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024

CHAPTER 6 N.I. Amendments Relating to Immigration Rules

Amendments to the 2009 Regulations N.I.

19.  In regulation 2(1) (interpretation) (as amended by regulation 10 of these regulations)—

(a) after the definition of “household income”, insert—

““immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971(1);”;

(b) in the definition of “person granted Calais leave”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(c) in the definition of “person granted humanitarian protection”, in paragraph (a) omit “as defined in section 33(1) of the Immigration Act 1971”;

(d) in the definition of “person granted indefinite leave to remain as a bereaved partner”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(e) in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(f) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”, in paragraph (a)(i) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(g) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, in paragraph (a)(i)—

(i) for “Immigration Rules”, in the first place it appears, substitute “immigration rules”;

(ii) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(h) in the definition of “person granted leave under the Homes for Ukraine Sponsorship Scheme”—

(i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(i) in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(j) in the definition of “person granted leave under the Ukraine Family Scheme”—

(i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(k) in the definition of “person granted stateless leave”, in paragraph (a) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

Commencement Information

I1 Reg. 19 in operation at 26.2.2024, see reg. 1(2)

20.  In Schedule 2 Part 2 (categories)—

(a) in paragraph (3)(2) omit “(as defined in section 33(1) of the Immigration Act 1971)”;

(b) in paragraph 4F(4) (persons granted stateless leave and their family members) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

Commencement Information

I2 Reg. 20 in operation at 26.2.2024, see reg. 1(2)

Amendments to the 2007 Regulations N.I.

21.—(1) The Schedule (Qualifying Persons)(2) is amended as follows—

(2) in paragraph (1)—

(a) after the definition of “family member”, insert—““immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971(3);”;

(b) in the definition of “person granted humanitarian protection”, in paragraph (a) omit “as defined in section 33(1) of the Immigration Act 1971”;

(c) in the definition of “person granted indefinite leave to remain as a bereaved partner”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(d) in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”, in paragraph (i) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(e) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”, in paragraph (a)(i) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules ”;

(f) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, in paragraph (a)(i)—

(i) for “Immigration Rules”, in the first place it appears, substitute “immigration rules”;

(ii) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(g) in the definition of “person granted leave under the Homes for Ukraine Sponsorship Scheme”—

(i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(h) in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(i) in the definition of “person granted leave under the Ukraine Family Scheme”—

(i) in paragraph (a)(i) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(j) in the definition of “person granted stateless leave”, in paragraph (a) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

(3) in paragraph (3)(2) omit “(as defined in section 33(1) of the Immigration Act 1971)”;

(4) in paragraph 4B (Persons granted Calais leave) in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(5) in paragraph 4F (Persons granted Calais leave) in paragraph (4) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

Commencement Information

I3 Reg. 21 in operation at 26.2.2024, see reg. 1(2)

(1)

1971 c. 77.

(2)

The Schedule was amended by S.R.s 2011 Nos. 70 and 276, S.R. 2013 No. 37, S.S 2019 No. 35, S.R. 2020 No. 295, S.R.s 2021 Nos. 50 and 85 and S.R.s 2022 Nos. 75 and 201 and 2011/1043.

(3)

1971 c. 77.