Regulation 57 Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

(1)

In regulation 7 (students becoming eligible after the start of an HE short course), in paragraph (2)(e) and (f), after “the student” insert “or the student’s parent”.

(2)

In Schedule 1—

(a)

in the heading to paragraph 9 (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(b)

paragraph 9 becomes sub-paragraph (1) of that paragraph;

(c)

after that sub-paragraph (1) insert—

“(2)

A person—

(a)

granted indefinite leave to enter or remain;

(b)

who—

(i)

is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii)

on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

(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 England on the first day of the HE short course.

(3)

In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to enter or remain in the United Kingdom on those grounds under the immigration rules.”;

(d)

in the heading to paragraph 11 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”;

(e)

paragraph 11 becomes sub-paragraph (1) of that paragraph;

(f)

after that sub-paragraph (1) insert—

“(2)

A person—

(a)

granted indefinite leave to remain;

(b)

who—

(i)

is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii)

on the leave application date, was the child of the person granted indefinite leave to 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 England on the first day of the HE short course.

(3)

In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.