Amendment to regulation 23
43. After regulation 23 (other persons who cease to have leave to enter or remain) insert—
“Persons who cease to have section 67 leave to remain
23A.—(1) This regulation applies where—
(a)a person (“P”) was a Category 3A eligible student (see Schedule 2) in connection with an application for support—
(i)for an earlier year of the present course,
(ii)for a full-time course in relation to which the present course is a full-time end-on course, or
(iii)for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and
(b)as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which—
(i)P, or
(ii)the person who, as a result of having section 67 leave to remain, caused P to be a Category 3A eligible student,
is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).
(2) Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.”