Paragraph 5 Persons with leave to enter or remain on the grounds of discretionary leave and their family membersF5I1F1
Northern Ireland
—
A person granted leave to enter or remain on the grounds of discretionary leave who is ordinarily resident in Northern Ireland on F2the course start date.
A person—
who is the spouse or civil partner of a person with leave to enter or remain on the grounds of discretionary leave;
who was the spouse or civil partner of the person with leave to enter or remain on the grounds of discretionary leave on the leave application date;
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
who is ordinarily resident in Northern Ireland on F3the course start date.
A person –
who is the child of a person with leave to enter or remain on the grounds of discretionary leave or the child of the spouse or civil partner of a person with leave to enter or remain on the grounds of discretionary leave;
who, on the leave application date, was under 18 and was the child of the person with leave to enter or remain on the grounds of discretionary leave or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on the grounds of discretionary leave on that date;
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
who is ordinarily resident in Northern Ireland on F4the course start date.
In this paragraph, “leave application date” means the date on which the person with leave to enter or remain on the grounds of discretionary leave made the application that led to that person being granted leave to enter or remain on the grounds of discretionary leave in the United Kingdom.
Annotations
Textual amendments
- F1
Sch. 2 Pt. 2 para. 5 substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(n)(ii)
- F2
Words in Sch. 2 para. 5(1) substituted (with application in accordance with reg. 1(3)(4)(c) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 32(i)(i)
- F3
Words in Sch. 2 para. 5(2)(d) substituted (with application in accordance with reg. 1(3)(4)(c) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 32(i)(ii)
- F4
Words in Sch. 2 para. 5(3)(d) substituted (with application in accordance with reg. 1(3)(4)(c) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 32(i)(iii)
- F5
Words in Sch. 2 Pt. 2 para. 5 heading substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(n)(i)
Commencement
- I1
Sch. 2 para. 5 in operation at 17.12.2009, see reg. 1(1)
Notes on Schedule 2
Textual amendments
- F1
Sch. 2 shoulder note substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 16