OpenLegislation

Regulation 22 Amendments to the Education (Student Support) (Wales) Regulations 2017I1

England and Wales

In regulation 2 (interpretation), in paragraph (1)—

(a)

in the appropriate places insert—

  • ““close relative” (“perthynas agos”) (in relation to a person (“P”)) means—

    1. (a)

      P’s spouse or civil partner;

    2. (b)

      a person ordinarily living with P as if the person were P’s spouse or civil partner;

    3. (c)

      P’s parent, where P is under the age of 25;

    4. (d)

      P’s child, where P is dependent on that child;”;

  • ““immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;”;

  • ““member of the armed forces” (“aelod o’r lluoedd arfog”) means a member of the regular naval, military or air forces of the Crown;”; and

  • ““person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) means a person who—

    1. (a)

      has extant leave to remain as a stateless person under the immigration rules; and

    2. (b)

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

(b)

for paragraphs (a) and (b) of the definition of “person with leave to enter or remain”, substitute—

“(a)

who has—

(i)

applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave, and who has been granted leave to enter or remain accordingly;

(ii)

not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

(iii)

been granted leave to remain on the grounds of private life under the immigration rules; or

(iv)

been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private life under the immigration rules, A has been granted leave to remain outside the rulesf1 on the grounds of Article 8 of the European Convention on Human Rights;”.

Annotations

Commencement

I1

Reg. 22 in force at 30.7.2018, see reg. 1(2)

Footnotes

f1

Paragraph 276BE(2) of the immigration rules refers.