http://www.legislation.gov.uk/id/nisr/2022/201

PART 2 CHAPTER 1Evacuated or assisted British nationals from Afghanistan

Amendments to the 2009 Regulations

I13

In regulation 5(2)(a)6 (eligible students), for “and 14” substitute “, 14, 15 and 16”.

I24

In regulation 105(2)(a)7 (eligible distance learning students), for “and 14” substitute “, 14, 15 and 16”.

I35

In regulation 122(2)(a)8 (eligible part-time students), for “and 14” substitute “, 14, 15 and 16”.

I46

In regulation 139(3)(a)(i)9 (eligible postgraduate students), for “and 14” substitute “, 14, 15 and 16”.

I57

In regulation 149 (2)(a)10 (eligible master’s, etc. students), for “and 14” substitute “, 14, 15 and 16”.

I68

In Schedule 2 (eligible students)—

a

in paragraph 1(1), after the definition of “European Economic Area”, insert—

“evacuated or assisted British national from Afghanistan” means a person—
a
who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;
b
who was either—
i
evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or
ii
assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and
c
who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

b

after paragraph 1411, insert—

15Evacuated or assisted British nationals from Afghanistan
An evacuated or assisted British national from Afghanistan who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.

Amendments to the 2007 Regulations

I79

In regulation 5 (prescribed description of a qualifying person)—

a

in paragraph (1)(c)12, after “4G,” insert “4H,”;

b

in paragraph (1A)(a)13, after “4G,” insert “4H,”;

I810

In the Schedule—

a

in paragraph 1(1), after the definition of “European Economic Area”, insert—

“evacuated or assisted British national from Afghanistan” means a person—
a
who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;
b
who was either—
i
evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or
ii
assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and
c
who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

b

after paragraph 4G14, insert—

4HEvacuated or assisted British nationals from Afghanistan
An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

CHAPTER 2Persons from Ukraine

Amendments to the 2009 Regulations

I911

In regulation 2(1) (interpretation),

a

after the definition of “person granted leave under one of the Afghan Schemes”15, 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”16, 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;

I1012

In regulation 517 (eligible students)—

a

after paragraph (11E), insert—

11F
Where—
a
the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was—
i
an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; or
ii
a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
b
as at the day before the academic year in respect of which A is applying for support 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 or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

I1113

In regulation 1818 (events)—

a

in paragraph (m) omit the terminal “or”;

b

in paragraph (n) for “.” substitute “; or”;

c

after paragraph (n) insert—

o
the student becomes a person granted leave under one of the Ukraine Schemes.

I1214

In regulation 39(7)19 (general qualifying conditions for grants for living and other costs) for “or (n)” substitute “, (n) or (o)”;

I1315

In regulation 42(6)20 (amount of the disabled students’ allowance) for “or (n)” substitute “, (n) or (o)”;

I1416

In regulation 46(11)21 (childcare grant) for “or (n)” substitute “, (n) or (o)”;

I1517

In regulation 50A(2)(grants for travel – general) 22 for “or (n)” substitute “, (n) or (o)”;

I1618

In regulation 57(5)23 (qualifying conditions for the maintenance grant) for “or (n)” substitute “, (n) or (o)”;

I1719

In regulation 59(5)24 (qualifying conditions for the special support grant) for “or (n)” substitute “, (n) or (o)”;

I1820

In regulation 74(2)25 (students becoming eligible in the course of an academic year)—

a

in paragraph (l) omit the terminal “or”;

b

in paragraph (m) for “.” substitute “; or”;

c

after paragraph (m) insert—

n
the student becomes a person granted leave under one of the Ukraine Schemes.

I1921

In regulation 10526 (eligible distance learning students)—

a

after paragraph (11E), insert—

11F
Where—
a
the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible distance learning student in connection with—
i
an application for support for an earlier year of the current course, or
ii
an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and
b
as at the day before the academic year in respect of which A is applying for support 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 distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.

I2022

In regulation 10627 (students becoming eligible in the course of an academic year)—

a

in paragraph 1A for “or (o)” substitute “, (o) or (p)”;

b

in paragraph 2 for “or (o)” substitute “, (o) or (p)”;

c

in paragraph 3 for “or (o)” substitute “, (o) or (p)”;

d

in paragraph (4)—

i

in sub-paragraph (n) omit “or”;

ii

in sub-paragraph (o) after “Schemes” for “.” substitute “; or”;

iii

after sub-paragraph (o), insert—

p
the student becomes a person granted leave under one of the Ukraine Schemes.

I2123

In regulation 12228 (eligible part-time students)—

a

after paragraph (10E), insert—

10F
Where—
a
the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible part-time student in connection with—
i
an application for support for an earlier year of the current part-time course, or
ii
an application for support in connection with a designated course, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the 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 part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

I2224

In regulation 12329 (students becoming eligible during the course of an academic year)—

a

in paragraph 1A for “or (o)” substitute “, (o) or (p)”;

b

in paragraph 2 for “or (o)” substitute “, (o) or (p)”;

c

in paragraph (3)—

i

in sub-paragraph (n) omit “or”;

ii

in sub-paragraph (o) after “Schemes” for “.” substitute “; or”;

iii

after sub-paragraph (o), insert—

p
the student becomes a person granted leave under one of the Ukraine Schemes.

I2325

In regulation 130(7)30 (disabled part-time students’ allowance) for “or (o)” substitute “, (o) or (p)”.

I2426

In regulation 13931 (eligible postgraduate students)—

a

after paragraph (12E), insert—

12F
Where—
a
the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible postgraduate student in connection with—
i
an application for support for an earlier year of the current postgraduate course, or
ii
an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
b
as at the day before the academic year in respect of which A is applying for support 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 postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

I2527

In regulation 140(2)32 (students becoming eligible in the course of an academic year)—

a

in paragraph (l) omit the terminal “or”;

b

in paragraph (m) for “.” substitute “; or”;

c

after paragraph (m) insert—

n
the student becomes a person granted leave under one of the Ukraine Schemes.

I2628

In regulation 14933 (eligible master’s, etc. students)—

a

after paragraph (11E), insert—

11F
Where—
a
the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible Master’s, etc. student in connection with—
i
an application for support for an earlier year of the current Master’s etc. course, or
ii
an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and
b
as at the day before the academic year in respect of which A is applying for support 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 Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.

I2729

In regulation 15134 (events)—

a

in paragraph (m) omit the terminal “or”;

b

in paragraph (n) for “.” substitute “; or”;

c

after paragraph (n) insert—

o
the student becomes a person granted leave under one of the Ukraine Schemes.

I2830

In Schedule 2 (eligible students), after the newly inserted paragraph 15, insert—

16Persons granted leave under one of the Ukraine Schemes
A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.

Amendments to the 2007 Regulations

I2931

In regulation 5(1)(c)35, after the newly inserted “4H,” insert “4I,”;

I3032

In regulation 5(1A)(a), after the newly inserted “4H,” insert “4I,”;

I3133

In the Schedule—

a

in paragraph (1) after the definition of “person granted leave under one of the Afghan Schemes”36, 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”37, 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;

c

After the newly inserted paragraph 4H, insert—

Persons granted leave under one of the Ukraine Schemes4I
A person granted leave under one of the Ukraine Schemes who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.