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

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

27.—(1) In regulation 6 (students becoming eligible after a designated further education course has begun), in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”.

(2) In Schedule 1—

(a) in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b) paragraph 4C becomes sub-paragraph (1) of that paragraph;

(c) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to enter or remain;

(b) who—

(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

(c) who was under 18 on the leave application date;

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d) in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)(1), at the end, insert “and their children”;

(e) paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

“(2) A person—

(a) granted indefinite leave to remain;

(b) who—

(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

(c) who was under 18 on the leave application date;

(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e) who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

(1)

Paragraph 4E was inserted by S.I. 2020/1203 and amended by S.I. 2023/74.