The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021

Amendments relating to persons granted indefinite leave to remain as a victim of domestic violence and domestic abuse

14.  The 2009 Regulations are amended as follows—

(a) in regulation 2(1) (interpretation), after the definition of “person granted indefinite leave to remain as a bereaved partner” (as inserted by these regulations) insert—

““person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—

(a)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)

paragraph 289B (victims of domestic violence);

(ii)

paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii)

paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

(b)

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

(b) in regulation 18 (events) after sub-paragraph (k) (as inserted by these regulations), insert—

“(1) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.”;

(c) in regulation 74(2) (students becoming eligible in the course of an academic year) after sub-paragraph (j) (as inserted by these regulations), insert—

“(k) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.”;

(d) in regulation 83(2) (students becoming eligible in the course of an academic year) after sub-paragraph (j) (as inserted by these regulations), insert—

“(k) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.”;

(e) in regulation 106(4) (students becoming eligible in the course of an academic year) after sub-paragraph (l) (as inserted by these regulations), insert—

“(m) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.”;

(f) in regulation 123(3) (students becoming eligible in the course of an academic year) after sub-paragraph (l) (as inserted by these regulations), insert—

“(m) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.”;

(g) in regulation 140(2) (students becoming eligible in the course of an academic year) after sub-paragraph (j) (as inserted by these regulations), insert –

“(k) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.”;

(h) in regulation 151 (events) after sub-paragraph (k) (as inserted by these regulations), insert—

“(l) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.”;

(i) in Part 2 (categories) of Schedule 2 (eligible students), after paragraph 4D (as inserted by these regulations), insert—

“Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

4E.   — A person granted indefinite leave to remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.”.