The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024

CHAPTER 2 Person granted leave to remain as a protected partner

23.  In regulation 23C (persons who cease to have leave to remain as a protected partner)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b) in paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c) in paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(d) in the words after paragraph (1)(b)(ii), for “further leave to remain” substitute “further leave to enter or remain”.

24.  In regulation 80—

(a) in paragraph (2)(b)(ia), for “granted leave to remain” substitute “granted leave to enter or remain”;

(b) in paragraph (3), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

25.  In regulation 81(3)(b)(ia), for “with leave to remain” substitute “with leave to enter or remain”.

26.  In Schedule 2, in paragraph 2ZB (category 2ZB - persons granted leave to remain as a protected partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b) in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c) in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d) in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(e) in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f) in sub-paragraph (3)(a), for “leave to remain” substitute “leave to enter or remain”;

(g) in sub-paragraph (3)(b)—

(i) for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(ii) for “under any of the following provisions of the immigration rules” substitute “under any provisions of the immigration rules specified in either of the following cases”;

(iii) before sub-paragraph (i) insert—

“Case 1

In the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv) after sub-paragraph (vii) insert—

“Case 2

In the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

(i)

paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(ii)

paragraph BP 11.1 of Appendix Bereaved Partner.”

27.  In Schedule 4—

(a) in paragraph 13C—

(i) in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(ii) in sub-paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(iii) in the words following sub-paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(b) in paragraph 14—

(i) in sub-paragraph (3)(b)(ia), for “person with leave to remain” substitute “person with leave to enter or remain”;

(ii) in sub-paragraph (4), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

28.  In Schedule 5, in paragraph 4—

(a) in sub-paragraph (2)(aa), for “person with leave to remain” substitute “person with leave to enter or remain”;

(b) in sub-paragraph (3), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

29.  In Schedule 7, paragraph 1, in Table 16, for the definition of “leave to remain as a protected partner” substitute “leave to enter or remain as a protected partner”.