The Education (Student Support) (Wales) Regulations 2018

Category 3 – Persons with leave to enter or remain and their family membersE+W

3.—(1) A person—

(a)with leave to enter or remain,

(b)who is ordinarily resident in Wales on the first day of the first academic year of the course, and

(c)who 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.

(2) A person—

(a)who is the spouse or civil partner of a person with leave to enter or remain,

[F1(b)who was the spouse or civil partner of the person with leave to enter or remain on the leave application date,]

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course, and

(d)who 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.

(3) A person—

(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain,

[F2(b)who, on the leave application date, was under 18 years old and was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date,]

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course, and

(d)who 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 this paragraph, a “person with leave to enter or remain” means a person (“P”)—

[F3(a)who has—

(i)applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee it is thought right to allow P to enter or remain in the United Kingdom on the grounds of F4... discretionary leave, and who has been granted leave to enter or remain accordingly,

(ii)not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly,

[F5(iia)been granted leave to remain on the grounds of family life under the immigration rules;]

(iii)been granted leave to remain on the grounds of private life under the immigration rules,

(iv)been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private [F6or family] life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights,]

(c)whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain.

[F7(5) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.]

Textual Amendments