[F1Persons with leave to enter or remain on the grounds of discretionary leave and their family members] N.I.
[F25. —
(1) A person granted leave to enter or remain on the grounds of discretionary leave who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(2) A person—
(a)who is the spouse or civil partner of a person with leave to enter or remain on the grounds of discretionary leave;
(b)who was the spouse or civil partner of the person with leave to enter or remain on the grounds of discretionary leave on the leave application date;
(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 Northern Ireland on the first day of the first academic year of the course.
(3) A person –
(a)who is the child of a person with leave to enter or remain on the grounds of discretionary leave or the child of the spouse or civil partner of a person with leave to enter or remain on the grounds of discretionary leave;
(b)who, on the leave application date, was under 18 and was the child of the person with leave to enter or remain on the grounds of discretionary leave or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on the grounds of discretionary leave on that date;
(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 Northern Ireland on the first day of the first academic year of the course.
(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain on the grounds of discretionary leave made the application that led to that person being granted leave to enter or remain on the grounds of discretionary leave in the United Kingdom.]
Textual Amendments
F1Words in Sch. 2 Pt. 2 para. 5 heading substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(n)(i)
F2Sch. 2 Pt. 2 para. 5 substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(n)(ii)
Commencement Information
I1Sch. 2 para. 5 in operation at 17.12.2009, see reg. 1(1)