The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021

Eligibility of Afghan locally employed staff: European University Institute

27.—(1) In regulation 9—

(a) in paragraph (2)(b)(i)(1), after “5” insert “, 5A”;

(b) after paragraph (11B)(2) insert—

“(11C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) was an eligible person in connection with—

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

(ii) an application for support for 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 the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

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.”.

(2) In Schedule 1 (eligible students)—

(a) in paragraph 1(1), at the appropriate place in the alphabetical order, insert—

““person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ1 or 276BO1 of those rules;

(b)

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

(b) after paragraph 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in England on the relevant date.”.

(1)

Paragraph (2)(b) was inserted by S.I. 2021/127.

(2)

Paragraph (11B) was inserted by S.I. 2021/127.