Regulation 9 Amendments relating to the Afghan Relocations and Assistance Policy SchemeI1

In Part 3 (special categories) of Schedule 2 (qualifying persons), for paragraph 17 (persons granted leave under the Afghan Relocations and Assistance Policy Scheme), including the heading, substitute—

“Persons granted leave to enter or remain under the Afghan Relocations and Assistance Policy Scheme and their family members

17.

(1)

A person who—

(a)

has been granted—

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2, or has been granted indefinite leave to remain under paragraph 276BS2 of the immigration rules^f1, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules;

(ii)

indefinite leave to enter or remain in the United Kingdom under ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;

(iii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; or

(iv)

indefinite leave to enter or remain in the United Kingdom, outside of those rules, on the basis of the Afghan Relocations and Assistance Policy 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 Relocations and Assistance Policy 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 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 Relocation and Assistance Policy Scheme; or

(ii)

the child of the spouse or civil partner of a person granted leave to enter or remain under the Afghan Relocation and Assistance Policy Scheme;

(b)

on the leave application date, was—

(i)

the child of a person granted leave to enter or remain under the Afghan Relocation and Assistance Policy Scheme; or

(ii)

the child of a person who was the spouse or civil partner of a person granted leave to enter or remain under the Afghan Relocation and Assistance Policy 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 Relocations and Assistance Policy Scheme made an application for leave to enter or remain in the United Kingdom.”.