Regulation 16 Amendments relating to persons granted indefinite leave to remain as bereaved partners

The Higher Education (Fee Limit Condition) (England) Regulations 2017^f1 are amended as follows.

In regulation 2^f2 (interpretation), after paragraph (bb) insert—

“(bbza)

“person granted indefinite leave to remain as a bereaved partner” means a person—

(i)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(aa)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);

(bb)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

(cc)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(dd)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and

(ii)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;”.

In regulation 6 (qualifying person: effect of an event during academic year), in paragraph (2)—

In Part 2 of the Schedule (qualifying persons: categories), after paragraph 5D^f3 insert—

“Persons granted indefinite leave to remain as a bereaved partner

5E.

A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.