Part 4Amendments relating to the immigration status of students
Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 201751
In regulation 2 (interpretation), in paragraph (1)—
a
in the appropriate places insert—
“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;
“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) means a person who—
- a
has extant leave to remain as a stateless person under the immigration rules; and
- b
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
b
for paragraphs (a) and (b) of the definition of “person with leave to enter or remain”, substitute—
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 A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom on the grounds of humanitarian protection or 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 A 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;
iii
been granted leave to remain on the grounds of private life under the immigration rules; or
iv
been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private life under the immigration rules, A has been granted leave to remain outside the rules27 on the grounds of Article 8 of the European Convention on Human Rights;