Regulation 5 Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

(1)

In Part 1 (general), in regulation 2 (interpretation: general), in paragraph (1), in the 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 paragraph (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), but before the “and”, 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;”.

(2)

In Part 1 (general), in regulation 2A(3) (meaning of “protected category event”), in sub-paragraph (g), for “leave to remain” substitute “leave to enter or remain”.

(3)

In Part 2 of Schedule 1 (eligible students: categories), 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), 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 paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.”.