The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024

Termination of eligible student status

26.  In regulation 3 (eligible students)—

(a) in paragraph (7)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;

(b) in paragraphs (7A)(b), (7B)(b) and (8B)(b)(1), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c) in paragraph (7C)(b)(2), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d) in paragraph (8)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—

“has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(e) in paragraph (8A)(b)(3), after “has expired” insert “and that person has not become a British or Irish citizen”;

(f) in paragraph (9)(b)(4), “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g) in paragraph (10)(b)(5), after “protected rights” insert “and has not become a British or Irish citizen”;

(h) after paragraph (10) insert—

“(11)  Where—

(a) the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before the course begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

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

(1)

Paragraph (7A) was inserted by S.I. 2018/182; paragraph (7B) by S.I. 2019/142 and paragraph (8B) was inserted by S.I. 2022/534 and amended by S.I. 2023/74.

(2)

Paragraph (7C) was inserted by S.I. 2020/48.

(3)

Paragraph (8A) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57 and S.I. 2023/74.

(4)

Paragraph (9) was inserted by S.I. 2021/127.

(5)

Paragraph (10) was inserted by S.I. 2021/127 and amended by S.I. 2021/929 and S.I. 2021/1348.