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 RegulationsI110
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.