The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018

Amendment of the Education (Fees and Awards) (England) Regulations 2007

17.  In the Education (Fees and Awards) (England) Regulations 2007(1), in Schedule 1(2) (categories of person)—

(a) in paragraph 1, after the definition of “person granted humanitarian protection”, insert—

““person granted stateless leave” means a person—

(a)

who has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b)

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

(b) after paragraph 4, insert—

“Persons granted stateless leave and their family members

4A.— (1) A person granted stateless leave who—

(a) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) was under 18 on the leave application date;

(c) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).”.

(1)

S.I. 2007/779, amended by S.I. 2007/2263, 2010/1172, 2010/1941, 2011/87, 2011/1043, 2011/1987, 2012/765, 2012/956, 2012/1653, 2015/971, 2016/584 and 2017/114.

(2)

Schedule 1 was amended by S.I. 2007/2263, 2011/87, 2011/1043, 2011/1987, 2016/584 and 2017/114.