Regulation 21 Amendments to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status

in paragraph (8A)(b)(i), at the end, insert “and, where the refugee status expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

for paragraph (8B)(b) substitute—

“(b)

as at the day before the relevant day, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

for paragraph (8C)(b) substitute—

“(b)

as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

for paragraph (8D)(b) substitute—

“(b)

as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

A has not become a British or Irish citizen,”;

in paragraph (8E)(b)(i), at the end, insert “and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

for paragraph (8G)(b) substitute—

“(b)

as at the day before the relevant day, the period for which A or, as the case may be, S is allowed to stay in the United Kingdom has expired and—

(i)

no further leave has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

for paragraph (8H)(b) substitute—

“(b)

as at the day before the relevant day, the period for which A or, as the case may be, U is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to enter or remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

in paragraph (8I)(b)(i), at the end, insert “and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”.