OpenLegislation

Paragraph 4E Persons granted indefinite leave to enter or remain as a bereaved partner and their childrenF1F17F18

(F21)

A person—

(a)

granted indefinite F3leave to enter or remain in the United Kingdom F4...F5...—

(F6i)

F7under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules; F8...

(ii)

where such leave was granted before the coming into force of Appendix Bereaved Partner F9, 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);

(F10iii)

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 the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(b)

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

(c)

who is ordinarily resident in the United Kingdom on F11the course start date.

F12(2)

A person—

(a)

granted indefinite F13leave to enter or remain;

(b)

who—

(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)

who was under 18 on the leave application date;

(d)

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

(e)

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

(3)

In this paragraph, “leave application date” means the date on which a person granted indefinite F14leave to enter or remain as a bereaved partner made an F15application to enter or remain in the United Kingdom on those grounds under the immigration rules F16or, in the case of a person referred to in sub-paragraph (1)(a)(iv), outside the immigration rules.

Annotations

Textual amendments

F1

Sch. 1 para. 4E inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 11

F2

Sch. 1 para. 4E renumbered as Sch. 1 para. 4E(1) (15.2.2024 with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(2)(e)

F3

Words in Sch. 1 para. 4E(1)(a) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(b)(i)(aa) (with reg. 2(2)(b)(4))

F4

Words in Sch. 1 para. 4E(1)(a) omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(b)(i)(bb) (with reg. 2(2)(b)(4))

F5

Words in Sch. 1 para. 4E(a) omitted (16.2.2023) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 57(7)

F6

Sch. 1 para. 4E(1)(a)(i)(ii) substituted for Sch. 1 para. 4E(1)(a)(i)-(iv) (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 9

F7

Words in Sch. 1 para. 4E(1)(a)(i) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(b)(ii) (with reg. 2(2)(b)(4))

F8

Word in Sch. 1 para. 4E(1)(a) omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(b)(iii) (with reg. 2(2)(b)(4))

F9

Words in Sch. 1 para. 4E(1)(a)(ii) inserted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(b)(iv) (with reg. 2(2)(b)(4))

F10

Sch. 1 para. 4E(1)(a)(iii)(iv) inserted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(b)(v) (with reg. 2(2)(b)(4))

F11

Words in Sch. 1 para. 4E(c) substituted (16.2.2023 with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 60(7)

F12

Sch. 1 para. 4E(2)(3) inserted (15.2.2024 with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(2)(f)

F13

Words in Sch. 1 para. 4E(2) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(c) (with reg. 2(2)(b)(4))

F14

Words in Sch. 1 para. 4E(3) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(d)(i) (with reg. 2(2)(b)(4))

F15

Words in Sch. 1 para. 4E(3) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(d)(ii) (with reg. 2(2)(b)(4))

F16

Words in Sch. 1 para. 4E(3) inserted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(d)(iii) (with reg. 2(2)(b)(4))

F17

Words in Sch. 1 para. 4E heading substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(2)(a) (with reg. 2(2)(b)(4))

F18

Words in Sch. 1 para. 4E heading inserted (15.2.2024 with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(2)(d)