PART 2
CHAPTER 1Victims of domestic violence or domestic abuse
Amendment to the 2009 Regulations
3
In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”6—
a
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
b
for paragraphs (i) to (iii) of sub-paragraph (a), substitute—
i
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse7; or
ii
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
4
Amendments to the 2007 Regulations
5
In both regulation 5(10)10 (prescribed description of a qualifying person), in paragraph (e) of the definition of “protected category event” and paragraph 4E11 of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4E of the Schedule, for “leave to remain”, substitute “leave to enter or remain”
.
6
In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”12—
a
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
b
for sub-paragraphs (aa) to (cc), substitute—
aa
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
bb
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
CHAPTER 2Afghan Relocations and Assistance Policy Scheme
Amendments to the 2009 Regulations7
In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”13, for sub-paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules14;
Amendments to the 2007 Regulations8
In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”15, for sub-paragraph (a)(ia), substitute—
ia
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
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
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 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
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 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
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 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
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 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.
CHAPTER 4Students settled in the United Kingdom
Amendments to the 2009 Regulations
13
In regulation 2A (meaning of terms including in-year qualifying event and settled status event)20—
a
in paragraph (2), after sub-paragraph (b), insert—
ba
the student becomes a person described in paragraph 2 of Schedule 2;
b
in paragraph (4), for the words from “means the student becomes a family member” to the end substitute—
means—
a
the student becomes a person described in paragraph 2A of Schedule 2; or
b
the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 2.
14
In Part 2 of Schedule 2 (eligible students)—
a
in paragraph 2(1), omit “on the first day of the first academic year of the course”;
b
in paragraph 2(1)(b) after “Northern Ireland”, insert “on the first day of the first academic year of the course”
;
c
in paragraph 2A(1)(a)21 omit “on the course start date”.
Amendments to the 2007 Regulations15
In the Schedule (qualifying persons)—
a
in the opening words of paragraph 2(1) omit “on the first day of the first academic year of the course”;
b
in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course”
;
c
in paragraph 2A(1)(a)22, omit “on the course start date”.
CHAPTER 5Termination of eligible student status
Amendment to the 2009 Regulations
16
In regulation 5 (eligible students)—
a
in paragraph (11)(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 200224), 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
c
in paragraph (11B)(b)28, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraphs (11C)(b)29 and (12)(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 (11E)(b)31, after “has expired” insert “and that person has not become a British or Irish citizen”
;
f
in paragraph (12A)(b)32, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
g
in paragraph (12C)(b)33 after “protected rights” insert “and has not become a British or Irish citizen”
.
17
In regulation 105 (eligible distance learning students)—
a
in paragraph (11)(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 200235); 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
c
in paragraph (11B)(b)39, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraphs (11C)(b)40 and (12)(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 (11E)(b)42, after “has expired” insert “and that person has not become a British or Irish citizen”
;
f
in paragraph (12A)(b)43, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
g
in paragraph (12C)(b)44 after “protected rights” insert “and has not become a British or Irish citizen”
.
18
In regulation 122 (eligible part-time students)—
a
in paragraph (10)(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 200246), 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
c
in paragraph (10B)(b)50, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraphs (10C)(b)51 and (11)(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 (10E)(b)53, after “has expired” insert “and that person has not become a British or Irish citizen”
;
f
in paragraph (11A)(b)54, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
g
in paragraph (11C)(b)55 after “protected rights” insert “and has not become a British or Irish citizen”
.
19
In regulation 139 (eligible postgraduate students)—
a
in paragraph (12)(b)56, 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 200257); 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
c
in paragraph (12B)(b)61, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraphs (12C)(b)62 and (13)(b)63, 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)64, after “has expired” insert “and that person has not become a British or Irish citizen”
;
f
in paragraph (13A)(b)65, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
g
in paragraph (13C)(b)66 after “protected rights” insert “and has not become a British or Irish citizen”
.
20
In regulation 149 (eligible master’s, etc. students)—
a
in paragraph (11)(b)67, 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 200268); 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
c
in paragraph (11B)(b)72, after “has been granted” insert “and A has not become a British or Irish citizen”
;
d
in paragraphs (11C)(b)73 and (12)(b)74, 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)75, after “has expired” insert “and that person has not become a British or Irish citizen”
;
f
in paragraph (12A)(b)76, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
g
in paragraph (12C)(b)77 after “protected rights” insert “and has not become a British or Irish citizen”
.
CHAPTER 6Eligibility for home fee status in certain circumstances where leave to remain expired
Amendments to the 2007 Regulations21
In regulation 5 (qualifying person), after paragraph (1C)78 insert—
1D
For the purposes of this regulation, where—
a
a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and
b
further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,
the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.
CHAPTER 7Amendments relating to the Ukraine Permission Extension Scheme
Amendment to the 2009 Regulations22
In regulation 2(1) (interpretation)—
a
b
after the definition of “person granted leave under the Ukraine Family Scheme”81 insert—
“person granted leave under the Ukraine Permission Extension Scheme” means a person—
- a
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
- b
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
Amendment to the 2007 Regulations23
In the Schedule (qualifying persons), in paragraph 1(1)—
a
in the definition of “person granted leave under one of the Ukraine Schemes”82, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
b
after the definition of “person granted leave under the Ukraine Family Scheme”83 insert—
“person granted leave under the Ukraine Permission Extension Scheme” means a person—
- a
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
- b
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
CHAPTER 8Amendments to the definition of person granted indefinite leave to remain as a bereaved partner
Amendments to the 2009 Regulations24
In regulation 2(1) (interpretation), in the definition of “person granted indefinite leave to remain as a bereaved partner”84, for paragraphs (i) to (iv) (but not the “and” after paragraph (iv)) of sub-paragraph (a) substitute —
i
paragraph BP 11.1 of Appendix Bereaved Partner; or
ii
where such leave was granted before the coming into force of Appendix Bereaved Partner—
aa
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
bb
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
cc
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
dd
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);
Amendments to the 2007 Regulations25
In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted indefinite leave to remain as a bereaved partner”85, for paragraphs (i) to (iv) (but not the “and” after paragraph (iv)) of sub-paragraph (a) substitute —
i
paragraph BP 11.1 of Appendix Bereaved Partner; or
ii
where such leave was granted before the coming into force of Appendix Bereaved Partner—
aa
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
bb
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
cc
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
dd
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);