PART 2
CHAPTER 3Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner
Amendments to the 2009 Regulations
9.
In regulation 2A (meaning of terms including protected category event)16, in paragraph (3), in sub-paragraphs (f) and (h), after “the student” insert “or the student’s parent”
.
10.
In Part 2 of Schedule 2 (eligible students)—
(a)
in the heading to paragraph 4D (persons granted indefinite leave to remain as a bereaved partner)17, at the end, insert “and their children”
;
(b)
paragraph 4D becomes sub-paragraph (1) of that paragraph;
(c)
“(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 Northern Ireland on the course start date.
(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.”;
(d)
in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)18, at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(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 Northern Ireland on the course start date.
(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.”.
Amendments to the 2007 Regulations
11.
In regulation 5 (prescribed description of a qualifying person), in paragraph (10)(d) and (e) in the definition of “protected category event”, after “the student” insert “or the student’s parent”
.
12.
In the Schedule (qualifying persons)—
(a)
in the heading to paragraph 4D19 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”
;
(b)
paragraph 4D becomes sub-paragraph (1) of that paragraph;
(c)
“(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 course start date.
(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.”.
(d)
in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(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 course start date.
(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.”.