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

Amendments relating to ordinary residence requirements

18.—(1) Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007 (eligible students: categories)(1) is amended as follows.

(2) In paragraph 4A (persons granted stateless leave and their family members)—

(a) for sub-paragraph (1) substitute—

“(1) A person granted stateless leave, who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”;

(b) in sub-paragraph (2), for paragraphs (b) and (c) substitute—

“(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

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

(c) in sub-paragraph (3)—

(i) in paragraph (b), before “was” insert “who”;

(ii) for paragraphs (c) and (d) substitute—

“(c) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

(3) In paragraph 4B (persons granted section 67 leave)—

(a) at the end of sub-paragraph (b), insert “and”;

(b) at the end of sub-paragraph (c), omit “and”;

(c) omit sub-paragraph (d).

(4) In paragraph 4D (persons granted Calais leave)—

(a) at the end of sub-paragraph (b), insert “and”;

(b) at the end of sub-paragraph (c), omit “and”;

(c) omit sub-paragraph (d).

(5) In paragraph 5 (person granted humanitarian protection and their family members)—

(a) in sub-paragraph (2)—

(i) at the end of paragraph (b), omit “and”;

(ii) for paragraph (c) substitute—

“(c) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”;

(b) in sub-paragraph (3)—

(i) at the end of paragraph (c), omit “and”;

(ii) for paragraph (d) substitute—

“(d) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

(1)

Paragraph 4A of Schedule 1 was inserted by S.I. 2018/137, paragraph 4B of that Schedule was inserted by S.I. 2019/142 and paragraph 5 of that Schedule was substituted by S.I. 2011/87.