[F1Persons granted leave under one of the Afghan Schemes and their family members]U.K.
5A.— [F2(1)] A person granted leave under [F3one of the Afghan Schemes] who is ordinarily resident in England on the first day of [F4the course start date].
[F5(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 granted leave to enter or remain in the United Kingdom; and
(d)is ordinarily resident in England 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 a 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 England 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.]
Textual Amendments
F1Sch. 1 para. 5A heading substituted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 95(a)(i)
F2Sch. 1 para. 5A renumbered as Sch. 1 para. 5A(1) (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 95(a)(ii)
F3Words in Sch. 1 para. 5A substituted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 23(3) (with reg. 1(3))
F4Words in Sch. 1 para. 5A substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 90(9)
F5Sch. 1 para. 5A(2)-(4) inserted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 95(a)(iii)