The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022

Eligibility of persons from Ukraine: further education loans

13.—(1) In regulation 2(1)—

(a) after the definition of “person granted leave under one of the Afghan Schemes”(1), insert—

““person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;”;

(b) after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”(2), insert—

““person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

(ii)

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

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

“person granted leave under the Ukraine Extension Scheme” means a person—

(a)

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined 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;

“person granted leave under the Ukraine Family Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

(ii)

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

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

(2) In regulation 3, after paragraph (8A)(3), insert—

“(8B) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the course.”.

(3) In regulation 7(4), move the terminal “or” from after paragraph (l) to after paragraph (m) and after that paragraph insert—

“(n) the student becomes a person granted leave under one of the Ukraine Schemes.”.

(4) In Schedule 1, after paragraph 5B, insert—

“Persons granted leave under one of the Ukraine Schemes

5C.   A person granted leave under one of the Ukraine Schemes who is ordinarily resident in the United Kingdom on the first day of the designated further education course.”.

(1)

The definition of “person granted leave under one of the Afghan Schemes” was inserted by S.I. 2022/57.

(2)

The definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” was inserted by S.I. 2021/1348 and amended by S.I. 2022/57.

(3)

Regulation 3(8A) was inserted by S.I. 2021/1348 and was amended by S.I. 2022/57.

(4)

Regulation 7 has been amended, including the insertion of paragraph (m) by S.I. 2021/1348.