OpenLegislation

Regulation 7 Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

Original text. Later amendments are not shown.

(1)

In regulation 2A (meaning of terms including protected category event), in paragraph (3), in sub-paragraphs (e) and (g), after “the student” insert “or the student’s parent”.

(2)

In Schedule 1 (eligible students)—

(a)

in the heading to paragraph 4C (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 4C 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 course start date.

(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 remain in the United Kingdom on those grounds under the immigration rules.”;

(d)

in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)f1, at the end, insert “and their children”;

(e)

paragraph 4E 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 course start date.

(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.”.

Annotations

Footnotes

f1

Paragraph 4E was inserted by S.I. 2020/1203 and amended by S.I. 2023/74.