The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019

Amendment of the Education (Student Support) (European University Institute) Regulations 2010

38.—(1) The Education (Student Support) (European University Institute) Regulations 2010(1) are amended as follows.

(2) In regulation 3 (interpretation), after the definition of “person granted humanitarian protection”, insert—

““person granted section 67 leave” means a person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

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

(3) In regulation 9(2) (eligible students), after paragraph (10A), insert—

“(10B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible person in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support for a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave 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 first day of the academic year in respect of which A is applying for support.”.

(4) In Part 2 (categories) of Schedule 1(3) (eligible students), after paragraph 4A, insert—

“Persons granted section 67 leave

4B.   A person granted section 67 leave who—

(a) is ordinarily resident in England 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.”.

(1)

S.I. 2010/447, amended by S.I. 2011/83, 2011/2430, 2012/3059, 2013/630, 2013/1728, 2016/211, 2017/114, 2017/204 and 2018/137.

(2)

Regulation 9 was amended by S.I. 2011/83, 2012/3059 and 2018/137.

(3)

Schedule 1 was amended by S.I. 2013/1728 and 2018/137.