Amendments relating to persons granted indefinite leave to remain as bereaved partners13

1

The 2011 Regulations are amended as follows.

2

In regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection” insert—

  • “person granted indefinite leave to remain as a bereaved partner” means a person—

    1. a

      granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

      1. i

        paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);

      2. ii

        paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

      3. iii

        paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

      4. iv

        paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and

    2. b

      who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

3

In regulation 17 (events)—

a

at the end of paragraph (j), omit “or”;

b

after paragraph (k) insert—

; or

l

the student becomes a person granted indefinite leave to remain as a bereaved partner.

4

In regulation 85 (students becoming eligible in the course of the year), in paragraph (2)—

a

at the end of sub-paragraph (i), omit “or”;

b

after sub-paragraph (j) insert—

; or

k

the student becomes a person granted indefinite leave to remain as a bereaved partner.

5

In regulation 138 (part-time students becoming eligible for support under Part 11A during the course of the year), in paragraph (4)—

a

at the end of sub-paragraph (k), omit “or”;

b

after sub-paragraph (l) insert—

; or

m

the student becomes a person granted indefinite leave to remain as a bereaved partner.

6

In regulation 138A (part-time students becoming eligible for support under Part 11B during the course of the year), in paragraph (2)—

a

at the end of sub-paragraph (i), omit “or”;

b

after sub-paragraph (j) insert—

; or

k

the student becomes a person granted indefinite leave to remain as a bereaved partner.

7

In regulation 160 (postgraduate students becoming eligible in the course of an academic year), in paragraph (2)—

a

at the end of sub-paragraph (i), omit “or”;

b

after sub-paragraph (j) insert—

; or

k

the student becomes a person granted indefinite leave to remain as a bereaved partner.

8

In Part 2 of Schedule 1 (eligible students: categories), after paragraph 4D45 insert—

Persons granted indefinite leave to remain as a bereaved partner4E

A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in England on the first day of the first academic year of the course.