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

Amendments relating to ordinary residence requirements

20.—(1) Part 2 of Schedule 1 to the 2011 Regulations(1) (eligible students: categories) 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 England 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 England on the first day of the first academic year of the course.”;

(3) in sub-paragraph (3), 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 England on the first day of the first academic year of the course.”.

(4) For paragraph 4B substitute—

“Persons granted section 67 leave

4B.   A person granted section 67 leave, who is ordinarily resident in England on the first day of the first academic year of the course.”.

(5) For paragraph 4D substitute—

“Persons granted Calais leave

4D.   A person granted Calais leave, who is ordinarily resident in England on the first day of the first academic year of the course.”.

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

(a) for sub-paragraph (1) substitute—

“(1) A person granted humanitarian protection, who is ordinarily resident in England on the first day of the first academic year of the course.”;

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

“(c) 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) is ordinarily resident in England on the first day of the first academic year of the course.”;

(c) in sub-paragraph (3), for paragraphs (d) and (e) substitute—

“(d) 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) is ordinarily resident in England 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 was inserted by S.I. 2019/142 and paragraph 4D was inserted by S.I. 2020/48.