OpenLegislation

Regulation 23 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 2 (interpretation), in paragraph (bbza) (definition of “person granted indefinite leave to remain as a bereaved partner”)—

(a)

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

(b)

in sub-paragraph (i)—

(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 paragraph (aa), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules”;

(iii)

in paragraph (bb), for “paragraph 288” substitute “under paragraph 288 of the immigration rules”;

(iv)

in paragraph (cc), for “paragraph 295N” substitute “under paragraph 295N of the immigration rules”;

(v)

in paragraph (dd), for “paragraph D-BPILR.1.1 of Appendix FM (bereaved partners)” substitute “under paragraph D-BPILR.1.1 of Appendix FM (bereaved partners) of the immigration rules”;

(vi)

omit the “or” after paragraph (dd);

(vii)

in paragraph (ee), for “paragraph 36 of Appendix Armed Forces (bereaved partners)” substitute “under paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces) of the immigration rules”;

(viii)

after paragraph (ee), but before the “and”, insert—

“(ff)

under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(gg)

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;”.

(2)

In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)(l), for “leave to remain” substitute “leave to enter or remain”.

(3)

In Part 2 of the Schedule (qualifying persons), in paragraph 5E (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), for “leave to remain” substitute “leave to enter or remain”;

(c)

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

(d)

for sub-paragraph (3) substitute—

“(3)

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

(a)

under the immigration rules, or

(b)

in the case of a person referred to in sub-paragraph (i)(gg) of regulation 2(bbza) (interpretation: person granted indefinite leave to enter or remain as a bereaved partner), outside the immigration rules.”.