OpenLegislation

Regulation 11 Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

Original text. Later amendments are not shown.

(1)

In regulation 4 (fee charging)—

(a)

in paragraph (2C)(e), for “leave to remain” substitute “leave to enter or remain”;

(b)

in paragraph (2D)(g), for “leave to remain” substitute “leave to enter or remain”.

(2)

In Schedule 1 (eligible students), in paragraph 4E (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a)—

(i)

in the opening words—

(aa)

for “leave to remain” substitute “leave to enter or remain”;

(bb)

omit “under any of the following provisions of the immigration rules”;

(ii)

in sub-paragraph (i), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules”;

(iii)

omit the “or” after sub-paragraph (i);

(iv)

in the opening words of sub-paragraph (ii), after “Appendix Bereaved Partner” insert “, under any of the following provisions of the immigration rules”;

(v)

after sub-paragraph (ii) insert—

“(iii)

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;”;

(c)

in sub-paragraph (2), for “leave to remain”, each time it appears, substitute “leave to enter or remain”;

(d)

in sub-paragraph (3)—

(i)

for “leave to remain” substitute “leave to enter or remain”;

(ii)

for “application to remain”, substitute “application to enter or remain”;

(iii)

after “immigration rules” insert “or, in the case of a person referred to in sub-paragraph (1)(a)(iv), outside the immigration rules”.