OpenLegislation

Regulation 10 Amendments to the 2009 RegulationsI1

Northern Ireland

In Part 2 of Schedule 2 (eligible students)—

(a)

in the heading to paragraph 4D (persons granted indefinite leave to remain as a bereaved partner)f1, at the end, insert “and their children”;

(b)

paragraph 4D becomes sub-paragraph (1) of that paragraph;

(c)

after that sub-paragraph (1) insert—

“(2)

A person—

(a)

granted indefinite leave to remain;

(b)

who—

(i)

is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii)

on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

(c)

who was under 18 on the leave application date;

(d)

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

(e)

who is ordinarily resident in Northern Ireland on the course start date.

(3)

In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”;

(d)

in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)f2, at the end, insert “and their children”;

(e)

paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f)

after that sub-paragraph (1) insert—

“(2)

A person—

(a)

granted indefinite leave to enter or remain;

(b)

who—

(i)

is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii)

on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

(c)

who was under 18 on the leave application date;

(d)

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

(e)

who is ordinarily resident in Northern Ireland on the course start date.

(3)

In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

Annotations

Commencement

I1

Reg. 10 in operation at 14.8.2024 with application in accordance with reg. 1(3)(b)

Footnotes

f1

Paragraph 4E was inserted by S.R. 2021 No.50.

f2

Paragraph 4D was inserted by S.R. 2021 No. 50.