Amendments to the 2009 RegulationsN.I.
29. In Part 2 of Schedule 2 (eligible students: categories)—
(a)For paragraph 14(1) —
(including the heading) substitute—
“Persons granted leave under one of the Afghan Schemes and their family members”;
14.—(1) A person granted leave under one of the Afghan Schemes, who is ordinarily resident in Northern Ireland on the course start date.
(2) A person who—
(a)is the spouse or civil partner of a person granted leave under one of the Afghan Schemes;
(b)on the leave application date, was the spouse or civil partner of that person;
(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)is ordinarily resident in Northern Ireland on the course start date.
(3) A person who—
(a)is—
(i)the child of a person granted leave under one of the Afghan Schemes; or
(ii)the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;
(b)on the leave application date, was—
(i)the child of the person granted leave under one of the Afghan Schemes; or
(ii)the child of a person who was the spouse or civil partner of the person granted leave under one of the Afghan Schemes on that date;
(c)was under 18 on the leave application date;
(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(e)is ordinarily resident in Northern Ireland on the course start date.
(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.”.
(b)For paragraph 16 (including the heading) substitute—
“Persons granted leave under one of the Ukraine Schemes and their family members
16.—(1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in Northern Ireland on the course start date.
(2) A person who—
(a)is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;
(b)on the leave application date, was the spouse or civil partner of that person;
(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)is ordinarily resident in Northern Ireland on the course start date.
(3) A person who—
(a)is—
(i)the child of a person granted leave under one of the Ukraine Schemes; or
(ii)the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;
(b)on the leave application date, was—
(i)the child of the person granted leave under one of the Ukraine Schemes; or
(ii)the child of a person who was the spouse or civil partner of the person granted leave under one of the Ukraine Schemes on that date;
(c)was under 18 on the leave application date;
(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(e)is ordinarily resident in Northern Ireland on the course start date.
(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.”.
Commencement Information
I1Reg. 29(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
I2Reg. 29(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
paragraph 14 was inserted by S.R. 2022 No. 75.