Regulation 18 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

The Education (Student Support) (European University Institute) Regulations 2010^f1 are amended as follows.

In regulation 3 (interpretation), after the definition of “person granted humanitarian protection”, insert—

• ““person granted stateless leave” means a person who—

  1. (a)

     has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

  2. (b)

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

In regulation 9^f2 (eligible students), after paragraph (10), insert—

“(10A)

Where—

(a)

the Secretary of State determined that, by virtue of being a person granted stateless leave, or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible student in connection with—

(i)

an application for support for an earlier year of the current course, or

(ii)

an application for support for a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course, and

(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.

In Schedule 1^f3 (eligible students), Part 2 (categories), after paragraph 4, insert—

“Persons granted stateless leave and their family members

4A.

(1)

A person granted stateless leave who—

(a)

is ordinarily resident in England on the relevant date; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(2)

A person—

(a)

who—

(i)

is the spouse or civil partner of a person granted stateless leave; and

(ii)

on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)

who is ordinarily resident in England on the relevant date; and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(3)

A person—

(a)

who—

(i)

is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii)

on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)

was under 18 on the leave application date;

(c)

is ordinarily resident in England on the relevant date; and

(d)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(4)

In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).”.