Regulation 7 Amendments relating to persons granted indefinite leave to remain as a bereaved partnerI1

In Part 3 (special categories) of Schedule 2 (qualifying persons), for paragraph 13 (persons granted indefinite leave to remain as a bereaved partner), including the heading, substitute—

“Persons granted indefinite leave to enter or remain as a bereaved partner and their children

13.

(1)

A person who—

(a)

has been granted indefinite leave to enter or remain in the United Kingdom-

(i)

under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules^f1; or

(ii)

where such leave was granted before the coming into force of Appendix Bereaved Partner, under any of the following provisions of the immigration rules—

(aa)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);

(bb)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);

(cc)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(dd)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);

(iii)

under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(iv)

where such leave was granted prior to 5th October 2023, outside of the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(b)

has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave; and

(c)

is ordinarily resident in the United Kingdom on the course start date.

(2)

A person who—

(a)

has been granted indefinite leave to enter or remain;

(b)

(i)

is the child of a person granted indefinite leave to enter or remain as a bereaved partner; and

(ii)

on the leave application date, was the child of the person granted indefinite leave to enter or remain as a bereaved partner;

(c)

was under 18 on the leave application date;

(d)

has been ordinarily resident in United Kingdom and the Islands since the person was granted such leave; and

(e)

is ordinarily resident in the United Kingdom on the course start date.

(3)

In sub-paragraph (2), “leave application date” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds under the immigration rules or, in the case of a person referred to in sub-paragraph (1)(a)(iv), outside of the immigration rules.”.