OpenLegislation

Paragraph 16 Persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuseF1I1

Scotland

A student is an excepted student if that student—

(a)

has been granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rulesf1, as defined in section 33(1) of the Immigration Act 1971—

F2(i)

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

(ii)

where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victim of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),

(b)

has been ordinarily resident in the United Kingdom since that person was first granted such leave, and

(c)

is ordinarily resident in Scotland on the relevant date.

Annotations

Textual amendments

F1

Words in sch. 1 para. 16 substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 2(13)(a)

F2

Sch. 1 para. 16(a)(i)(ii) substituted for sch. 1 para. 16(a)(i)-(iii) (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 2(13)(b)

Commencement

I1

Sch. 1 para. 16 in force at 1.8.2022, see reg. 1(1)

Footnotes

f1

The immigration rules can be viewed at https://www.gov.uk/guidance/immigration-rules?msclkid=b1df136cc7ce11ecb8f75116c530e06c.