The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020

Amendments relating to persons granted indefinite leave to remain as bereaved partners

17.—(1) The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection” insert—

““person granted indefinite leave to remain as a bereaved partner” 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 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);

(ii)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

(iii)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(iv)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and

(b)

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

(3) In regulation 8 (events)—

(a) at the end of paragraph (k), omit “or”;

(b) after paragraph (l) insert—

“; or

(m) the student becomes a person granted indefinite leave to remain as a bereaved partner.”.

(4) In Part 2 of Schedule 1 (eligible students: categories), after paragraph 5C(1) insert—

“Persons granted indefinite leave to remain as a bereaved partner

5D.   A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in England on the first day of the first academic year of the course.”.

(1)

Paragraph 5C of Schedule 1 was inserted by S.I. 2020/48.