Regulation 8 Amendments relating to the Afghan Citizens Resettlement SchemeI1

In Part 3 (special categories) of Schedule 2 (qualifying persons), for paragraph 16 (persons granted leave under the Afghan Citizens Resettlement Scheme), including the heading, substitute—

“Persons granted leave to enter or remain under the Afghan Citizens Resettlement Scheme and their family members

16.

(1)

A person who—

(a)

has been granted indefinite leave to enter or remain in the United Kingdom, outside of the immigration rules^f1, on the basis of the Afghan Citizens Resettlement Scheme;

(b)

has been ordinarily resident in the United Kingdom and the Islands throughout the period 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)

is the spouse or civil partner of a person granted leave to enter or remain under the Afghan Citizens Resettlement Scheme;

(b)

on the leave application date, was the spouse or civil partner of that person;

(c)

is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(d)

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

(3)

A person who—

(a)

is—

(i)

the child of a person granted leave to enter or remain under the Afghan Citizens Resettlement Scheme; or

(ii)

the child of the spouse or civil partner of a person granted leave to enter or remain under the Afghan Citizens Resettlement Scheme;

(b)

on the leave application date, was—

(i)

the child of the person granted leave to enter or remain under the Afghan Citizens Resettlement Scheme; or

(ii)

the child of a person who was the spouse or civil partner of the person granted leave to enter or remain under the Afghan Citizens Resettlement Scheme on that date;

(c)

was under 18 on the leave application date;

(d)

is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(e)

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

(4)

In sub-paragraph (2) and sub-paragraph (3) “leave application date” means the date on which the person granted leave under the Afghan Citizens Resettlement Scheme made an application for leave to enter or remain in the United Kingdom.”.