Termination of eligible student status
9.—(1) In regulation 4 (eligible students)—
(a)in paragraph (12)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted,
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(1)), and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)in paragraphs (12A)(b), (12B)(b) and (13D)(b)(2), after “has been granted” insert “and that person has not become a British or Irish citizen”;
(c)in paragraph (12C)(b)(3), after “has been granted” insert “and A has not become a British or Irish citizen”;
(d)in paragraph (13)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)in paragraph (13A)(b)(4), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
(f)in paragraph (13B)(b)(5) after “protected rights” insert “and has not become a British or Irish citizen”;
(g)in paragraph (13C)(b)(6) after “has expired” insert “and that person has not become a British or Irish citizen”;
(h)after paragraph (13D) insert—
“(13E) Where—
(a)the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), a person (“A”) was an eligible student in connection with—
(i)an application for support for an earlier year of the current course;
(ii)an application for support for a course in relation to which the current course is an end-on course; or
(iii)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 was granted leave to stay in the United Kingdom has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)A has not become a British or Irish citizen,
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 regulation 137 (eligible part-time students)—
(a)in paragraph (10)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)in paragraphs (10A)(b), (10B)(b) and (11D)(b)(7), after “has been granted” insert “and that person has not become a British or Irish citizen”;
(c)in paragraph (10C)(b)(8), after “has been granted” insert “and A has not become a British or Irish citizen”;
(d)in paragraph (11)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)in paragraph (11A)(b)(9), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
(f)in paragraph (11B)(b)(10), after “protected rights” insert “and has not become a British or Irish citizen”;
(g)in paragraph (11C)(b)(11), after “has expired” insert “and that person has not become a British or Irish citizen”;
(h)after paragraph (11D), insert—
“(11E) Where—
(a)the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), 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 course or other designated part-time course from which A’s status as an eligible student or eligible part-time 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 was granted leave to stay in the United Kingdom has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)A has not become a British or Irish citizen,
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.”.
(3) In regulation 159 (eligible postgraduate students)—
(a)in paragraph (15)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)in paragraphs (15A)(b), (15B)(b) and (16D)(b)(12), after “has been granted” insert “and that person has not become a British or Irish citizen”;
(c)in paragraph (15C)(b)(13), after “has been granted” insert “and A has not become a British or Irish citizen”;
(d)in paragraph (16)(b), for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)in paragraph (16A)(b)(14), after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
(f)in paragraph (16B)(15), sub-paragraph (c) is renumbered sub-paragraph (b);
(g)in paragraph (16B)(b) as so renumbered, after “protected rights” insert “and has not become a British or Irish citizen”;
(h)in paragraph (16C)(b)(16), after “has expired” insert “and that person has not become a British or Irish citizen”;
(i)after paragraph (16D), insert—
“(16E) Where—
(a)the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), 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 was granted leave to remain in the United Kingdom has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)A has not become a British or Irish citizen,
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.”.
2002 c. 41. Section 104 was amended by Schedule 9 to the Immigration Act 2014 and by S.I. 2005/565, 2010/21 and 2014/2771.
Paragraph (12A) was inserted by S.I. 2018/137; paragraph (12B) by S.I. 2019/142 and paragraph (13D) by S.I. 2022/534. Paragraph (13D) was amended by S.I. 2023/74.
Paragraph (12C) was inserted by S.I. 2020/48.
Paragraph (13A) was inserted by S.I. 2021/127.
Paragraph (13B) was inserted by S.I. 2021/127 and amended by S.I. 2021/929 and 2021/1348.
Paragraph (13C) was inserted by S.I. 2021/127 and amended by S.I. 2022/57 and 2023/74.
Paragraph (10A) was inserted by S.I. 2018/137; paragraph (10B) by S.I. 2019/142 and paragraph (11D) was inserted by S.I. 2022/534 and amended by S.I. 2023/74.
Paragraph (10C) was inserted by S.I. 2020/48.
Paragraph (11A) was inserted by S.I. 2021/127.
Paragraph (11B) was inserted by S.I. 2021/127 and amended by S.I. 2021/1348.
Paragraph (11C) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57 and 2023/74.
Paragraph (15A) was inserted by S.I. 2018/137; paragraph (15B) by S.I. 2019/142 and paragraph (16D) was inserted by S.I. 2022/534 and amended by S.I. 2023/74.
Paragraph (15C) was inserted by S.I. 2020/48.
Paragraph (16A) was inserted by S.I. 2021/127.
Paragraph (16B) was inserted by S.I. 2021/127 and amended by S.I. 2021/929 and 2021/1348.
Paragraph (16C) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57 and 2023/74.