PART 2N.I.

CHAPTER 5N.I.Termination of eligible student status

Amendment to the 2009 RegulationsN.I.

16.  In regulation 5 (eligible students)—

(a)in paragraph (11)(b)(1), 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(2)), 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 (11A)(b)(3), (11D)(b)(4), and (11F)(b)(5), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c)in paragraph (11B)(b)(6), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d)in paragraphs (11C)(b)(7) and (12)(b)(8), 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 (11E)(b)(9), after “has expired” insert “and that person has not become a British or Irish citizen”;

(f)in paragraph (12A)(b)(10), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g)in paragraph (12C)(b)(11) after “protected rights” insert “and has not become a British or Irish citizen”.

Commencement Information

I1Reg. 16 in operation at 14.8.2024 with application in accordance with reg. 1(3)(d)

17.  In regulation 105 (eligible distance learning students)—

(a)in paragraph (11)(b)(12), 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(13)); 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 (11A)(b)(14), (11D)(b)(15), and (11F)(b)(16), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c)in paragraph (11B)(b)(17), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d)in paragraphs (11C)(b)(18) and (12)(b)(19), 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 (11E)(b)(20), after “has expired” insert “and that person has not become a British or Irish citizen”;

(f)in paragraph (12A)(b)(21), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g)in paragraph (12C)(b)(22) after “protected rights” insert “and has not become a British or Irish citizen”.

Commencement Information

I2Reg. 17 in operation at 14.8.2024 with application in accordance with reg. 1(3)(d)

18.  In regulation 122 (eligible part-time students)—

(a)in paragraph (10)(b)(23), 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(24)), 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 (10A)(b)(25), (10D)(b)(26), and (10F)(b)(27), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c)in paragraph (10B)(b)(28), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d)in paragraphs (10C)(b)(29) and (11)(b)(30), 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 (10E)(b)(31), after “has expired” insert “and that person has not become a British or Irish citizen”;

(f)in paragraph (11A)(b)(32), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g)in paragraph (11C)(b)(33) after “protected rights” insert “and has not become a British or Irish citizen”.

Commencement Information

I3Reg. 18 in operation at 14.8.2024 with application in accordance with reg. 1(3)(d)

19.  In regulation 139 (eligible postgraduate students)—

(a)in paragraph (12)(b)(34), 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(35)); 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 (12A)(b)(36), (12D)(b)(37), and (12F)(b)(38), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c)in paragraph (12B)(b)(39), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d)in paragraphs (12C)(b)(40) and (13)(b)(41), 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 (12E)(b)(42), after “has expired” insert “and that person has not become a British or Irish citizen”;

(f)in paragraph (13A)(b)(43), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g)in paragraph (13C)(b)(44) after “protected rights” insert “and has not become a British or Irish citizen”.

Commencement Information

I4Reg. 19 in operation at 14.8.2024 with application in accordance with reg. 1(3)(d)

20.  In regulation 149 (eligible master’s, etc. students)—

(a)in paragraph (11)(b)(45), 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(46)); 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 (11A)(b)(47), (11D)(b)(48), and (11F)(b)(49), after “has been granted” insert “and that person has not become a British or Irish citizen”;

(c)in paragraph (11B)(b)(50), after “has been granted” insert “and A has not become a British or Irish citizen”;

(d)in paragraphs (11C)(b)(51) and (12)(b)(52), 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 (11E)(b)(53), after “has expired” insert “and that person has not become a British or Irish citizen”;

(f)in paragraph (12A)(b)(54), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g)in paragraph (12C)(b)(55) after “protected rights” insert “and has not become a British or Irish citizen”.

Commencement Information

I5Reg. 20 in operation at 14.8.2024 with application in accordance with reg. 1(3)(d)

(1)

Paragraph 11 was amended by S.R. 2024 No. 19.

(2)

2002 c. 41. Section 104 was amended by Schedule 9 to the Immigration Act 2014 and by S.I. 2005/565, 2010/21 and 2014/2771.

(3)

Paragraph 11A was added by S.R. 2019 No.35 and amended by S.R. 2021 No. 50.

(4)

Paragraph 11D was added by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(5)

Paragraph 11F was added by S.R. 2022 No. 201 and amended by S.R. 2024 No. 19.

(6)

Paragraph 11B was inserted by S.R. 2021 No. 50.

(7)

Paragraph 11C was inserted by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(8)

Paragraph 12 was amended by S.R.s 2021 No. 50 and 2024 No. 19.

(9)

Paragraph 11E was added by S.R. 3033 No. 75 and amended by S.R. 2024 No. 19.

(10)

Paragraph 12A was added by S.R. 2021 No. 85.

(11)

Paragraph 12C was added by S.R. 2021 No. 85 and amended by S.R. 2022 No 75.

(12)

Paragraph 11 was amended by S.R. 2024 No. 19.

(13)

2002 c. 41. Section 104 was amended by Schedule 9 to the Immigration Act 2014 and by S.I. 2005/565, 2010/21 and 2014/2771.

(14)

Paragraph 11A was added by S.R. 2019 No.35 and amended by S.R. 2021 No. 50.

(15)

Paragraph 11D was added by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(16)

Paragraph 11F was added by S.R. 2022 No. 201 and amended by S.R. 2024 No. 19.

(17)

Paragraph 11B was inserted by S.R. 2021 No. 50.

(18)

Paragraph 11C was inserted by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(19)

Paragraph 12 was amended by S.R.s 2021 No. 50 and 2024 No. 19..

(20)

Paragraph 11E was added by S.R. 3033 No. 75 and amended by S.R. 2024 No. 19.

(21)

Paragraph 12A was added by S.R. 2021 No. 85.

(22)

Paragraph 12C was added by S.R. 2021 No. 85 and amended by S.R. 2022 No 75.

(23)

Paragraph 10 was amended by S.R. 2024 No. 19.

(24)

2002 c. 41. Section 104 was amended by Schedule 9 to the Immigration Act 2014 and by S.I. 2005/565, 2010/21 and 2014/2771.

(25)

Paragraph 10A was added by S.R. 2019 No.35 and amended by S.R. 2021 No. 50.

(26)

Paragraph 10D was added by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(27)

Paragraph 10F was added by S.R. 2022 No. 201 and amended by S.R. 2024 No. 19.

(28)

Paragraph 10B was inserted by S.R. 2021 No. 50.

(29)

Paragraph 10C was inserted by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(30)

Paragraph 11 was amended by S.R.s 2021 No. 50 and 2024 No. 19.

(31)

Paragraph 10E was added by S.R. 3033 No. 75 and amended by S.R. 2024 No. 19.

(32)

Paragraph 11A was added by S.R. 2021 No. 85.

(33)

Paragraph 11C was added by S.R. 2021 No. 85 and amended by S.R. 2022 No 75.

(34)

Paragraph 12 was amended by S.R. 2024 No. 19.

(35)

2002 c. 41. Section 104 was amended by Schedule 9 to the Immigration Act 2014 and by S.I. 2005/565, 2010/21 and 2014/2771.

(36)

Paragraph 12A was added by S.R. 2019 No.35 and amended by S.R. 2021 No. 50.

(37)

Paragraph 12D was added by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(38)

Paragraph 12F was added by S.R. 2022 No. 201 and amended by S.R. 2024 No. 19.

(39)

Paragraph 12B was inserted by S.R. 2021 No. 50.

(40)

Paragraph 12C was inserted by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(41)

Paragraph 13 was amended by S.R.s 2021 No. 50 and 2024 No. 19..

(42)

Paragraph 12E was added by S.R. 3033 No. 75 and amended by S.R. 2024 No. 19.

(43)

Paragraph 13A was added by S.R. 2021 No. 85.

(44)

Paragraph 13C was added by S.R. 2021 No. 85 and amended by S.R. 2022 No 75.

(45)

Paragraph 11 was amended by S.R. 2024 No. 19.

(46)

2002 c. 41. Section 104 was amended by Schedule 9 to the Immigration Act 2014 and by S.I. 2005/565, 2010/21 and 2014/2771.

(47)

Paragraph 11A was added by S.R. 2019 No.35 and amended by S.R. 2021 No. 50.

(48)

Paragraph 11D was added by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(49)

Paragraph 11F was added by S.R. 2022 No. 201 and amended by S.R. 2024 No. 19.

(50)

Paragraph 11B was inserted by S.R. 2021 No. 50.

(51)

Paragraph 11C was inserted by S.R. 2021 No. 50 and amended by S.R. 2024 No. 19.

(52)

Paragraph 13 was amended by S.R.s 2021 No. 50 and 2024 No. 19..

(53)

Paragraph 11E was added by S.R. 3033 No. 75 and amended by S.R. 2024 No. 19.

(54)

Paragraph 12A was added by S.R. 2021 No. 85.

(55)

Paragraph 12C was added by S.R. 2021 No. 85 and amended by S.R. 2022 No 75.