The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020

Amendments relating to persons granted Calais leave to remain

3.—(1) In Schedule 1 of the Education (Fees and Awards) (England) Regulations 2007 (eligible students etc.), after paragraph 4C (as inserted by these Regulations), insert—

“Persons granted Calais leave

4D.   A person who—

(a) has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971;

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

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

(d) 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.”.

(2) In the Education (Student Support) (European University Institute) Regulations 2010—

(a) in regulation 3 (interpretation), after the definition of “Islands” (as inserted by these Regulations) insert—

““person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b)

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

(b) in regulation 9 (eligible students), after paragraph (10B), insert—

“(10C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(c) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 4C (as inserted by these Regulations), insert—

“Persons granted Calais leave

4D.   A person granted Calais leave who—

(a) is ordinarily resident in England on the relevant date; and

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

(3) In the Education (Student Support) Regulations 2011—

(a) in regulation 2(1) (interpretation), after the definition of “periods of work experience” insert—

““person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b)

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

(b) in regulation 4 (eligible students), after paragraph (12B) insert—

“(12C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(c) in regulation 17 (events giving rise to eligibility), after sub-paragraph (j) (as inserted by these Regulations), insert—

“(k) the student becomes a person granted Calais leave.”;

(d) in regulation 85(2) (students becoming eligible in the course of an academic year), after sub-paragraph (i) (as inserted by these Regulations), insert—

“(j) the student becomes a person granted Calais leave.”;

(e) in regulation 137 (eligible part-time students), after paragraph (10B) insert—

“(10C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(f) in regulation 138(4) (students becoming eligible for support under Part 11A during the course of an academic year), after sub-paragraph (k) (as inserted by these Regulations) insert—

“(l) the student becomes a person granted Calais leave.”;

(g) in regulation 138A(2) (students becoming eligible for support under Part 11B in the course of an academic year), after sub-paragraph (i) (as inserted by these Regulations) insert—

“(j) the student becomes a person granted Calais leave.”;

(h) in regulation 159 (eligible postgraduate students), after paragraph (15B), insert—

“(15C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible postgraduate student in connection with—

(i) an application for support for an earlier year of the current postgraduate course; or

(ii) an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(i) in regulation 160(2) (students becoming eligible in the course of an academic year), after sub-paragraph (i) (as inserted by these Regulations) insert—

“(j) the student becomes a person granted Calais leave.”;

(j) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 4C (as inserted by these Regulations), insert—

“Persons granted Calais leave

4D.   A person granted Calais leave who —

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

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

(4) In the Further Education Loans Regulations 2012—

(a) in regulation 2 (interpretation), after the definition of “period of eligibility” insert—

““person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b)

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

(b) in regulation 3 (eligible students), after paragraph (7B), insert—

“(7C) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted Calais leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the course.”.

(c) in regulation 7 (events giving rise to eligibility), after sub-paragraph (j) (as inserted by these Regulations), insert—

“(k) the student becomes a person granted Calais leave.”;

(d) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 4C (as inserted by these Regulations), insert—

“Persons granted Calais leave

4D.   A person granted Calais leave who—

(a) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.”.

(5) In the Education (Postgraduate Master’s Degree Loans) Regulations 2016—

(a) in regulation 2(1) (interpretation), after “periods of work experience” insert—

““person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b)

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

(b) in regulation 8 (events giving rise to eligibility), after sub-paragraph (k) (as inserted by these Regulations), insert—

“(l) the student becomes a person granted Calais leave.”;

(c) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 4C (as inserted by these Regulations), insert—

“Persons granted Calais leave

4D.   A person granted Calais leave who—

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

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

(6) In the Higher Education (Fee Limit Condition) (England) Regulations 2017—

(a) in regulation 2 (interpretation), after sub-paragraph (bba) (as inserted by these Regulations) insert—

“(bbb) “person granted Calais leave” means a person who—

(i) has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

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

(b) in regulation 6(2) (qualifying persons, effect of event during academic year), after sub-paragraph (j) (as inserted by these Regulations), insert—

“(k) the student becomes a person granted Calais leave.”;

(c) in Part 2 of Schedule 1 (qualifying persons), after paragraph 5C (as inserted by these Regulations), insert—

“Persons granted Calais leave

5D.   A person granted Calais 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 the first day of the first academic year of the course.”.

(7) In the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018—

(a) in regulation 2(1) (interpretation), after the definition of “periods of work experience” insert—

““person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b)

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

(b) in regulation 8 (events giving rise to eligibility), after sub-paragraph (k) (as inserted by these Regulations) insert—

“(l) the student becomes a person granted Calais leave.”;

(c) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 5B (as inserted by these Regulations), insert—

“Persons granted Calais leave

5C.   A person granted Calais leave who—

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

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