1.—(1) These Regulations may be cited as the Education (Student Support) (European University Institute) Regulations 2010 (Amendment) Regulations 2011.
(2) These Regulations come into force on the 22nd day after these Regulations are laid before Parliament.
(3) These Regulations apply in relation to England(1).
2. These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2011 whether anything done under these Regulations is done before, on or after 1st September 2011.
3. The Education (Student Support) (European University Institute) Regulations 2010(2) are amended in accordance with regulations 4 to 7.
4. In regulation 3—
(a)after the definition of “Institute”, insert—
““person granted humanitarian protection” means a person—
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971(3);
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002(4)); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;”;
(b)omit the definition of “person with leave to enter or remain”;
(c)in the definition of “relevant date”, for “1st May 2010”, substitute “1st February 2011”.
5. In regulation 8(3), for “1st September 2010” substitute “1st September 2011” and for “30th April 2010”, substitute “11th February 2011”.
6. In regulation 9—
(a)in paragraph (11)(a) and (b), for “person with leave to enter or remain” substitute “person granted humanitarian protection”; and
(b)in paragraph (15)—
(i)for “1st September 2010”, substitute “1st September 2011”,
(ii)for “30th April 2010”, substitute “30th April 2011”, and
(iii)for “28th February 2011”, substitute “28th February 2012”.
7. In Schedule 1—
(a)in paragraph 1(1)—
(i)within the definition of “family member”, for (a)(ii), substitute—
“(ii)direct descendants of the person or of the person’s spouse or civil partner who are—
(aa)under the age of 21; or
(bb)dependents of the person or the person’s spouse or civil partner; or”;
(b)for paragraph 1(6), substitute—
“(6) For the purposes of this Schedule, “parent” includes a guardian and any other person having parental responsibility for a child and “child” is to be construed accordingly.”
(c)for paragraph 5, substitute—
5.—(1) A person granted humanitarian protection who—
(a)is ordinarily resident in England on the relevant date; and
(b)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(2) A person—
(a)who is the spouse or civil partner of a person granted humanitarian protection;
(b)who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);
(c)who is ordinarily resident in England on the relevant date; and
(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(3) A person—
(a)who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;
(b)who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;
(c)who was under 18 on the asylum application date;
(d)who is ordinarily resident in England on the relevant date;
(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.”.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
17th January 2011