The Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018

18.  In the Schedule—

(a) in paragraph 1(1) (interpretation: general), after the definition of “overseas territories”, insert—

““parent” means a parent, guardian or any other person having parental responsibility for a child, and “child” is to be construed accordingly;

“person granted stateless leave” means a person who—

(a) has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b) has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;”;

(b) in paragraph 2(5) (interpretation: ordinarily resident) omit paragraph (a);

(c) in paragraph 3(1) (persons who are settled in the United Kingdom), before the first reference to “academic year” insert “ first ”;

(d) after paragraph 5, insert—

“Persons granted stateless leave and their family members

5A.— (1) A person granted stateless leave who—

(a) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(b) has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding that date.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of the person granted stateless leave;

(b) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of the person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of the person granted stateless leave;

(b) who was under 18 years of age on the leave application date;

(c) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d) who has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).”;

(e) in paragraph 10(3) (EU nationals), for the phrase “resident territory”, substitute “ relevant territory ”.