PART 3Corresponding amendments to other subordinate legislation

CHAPTER 5The Higher Education (Fee Limit Condition) (England) Regulations 2017

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner44

1

In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)(j) and (l)85, after “the student” insert “or the student’s parent”.

2

In the Schedule—

a

in the heading to paragraph 5C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

b

paragraph 5C becomes sub-paragraph (1) of that paragraph;

c

after that sub-paragraph (1) insert—

2

A person—

a

granted indefinite leave to enter or remain;

b

who—

i

is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

ii

on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

c

who was under 18 on the leave application date;

d

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

e

who is ordinarily resident in the United Kingdom on the course start date.

3

In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.

d

in the heading to paragraph 5E86 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”;

e

paragraph 5E becomes sub-paragraph (1) of that paragraph;

f

after that sub-paragraph (1) insert—

2

A person—

a

granted indefinite leave to remain;

b

who—

i

is the child of a person granted indefinite leave to remain as a bereaved partner; and

ii

on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

c

who was under 18 on the leave application date;

d

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

e

who is ordinarily resident in the United Kingdom on the course start date.

3

In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.