# The Education (Student Support) (No.2) Regulations 2008, Paragraph 5: Persons with leave to enter or remain and their family members

Extent: E+W+S+N.I.
Status: prospective

(1) A person—
(a) with leave to enter or remain;
(b) who is ordinarily resident in England on the first day of the first academic year of the course; and
(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
(2) A person—
(a) who is the spouse or civil partner of a person with leave to enter or remain;
(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made the application for asylum;
(c) who is ordinarily resident in England on the first day of the first academic year of the course; and
(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
(3) A person—
(a) who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;
(b) who, on the date on which the person with leave to enter or remain made the application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;
(c) who was under 18 on the date on which the person with leave to enter or remain made the application for asylum;
(d) who is ordinarily resident in England on the first day of the first academic year of the course; and
(e) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

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Source: https://www.legislation.gov.uk/uksi/2008/1582/schedule/1/paragraph/5 (the official version)
Page: https://openlegislation.uk/education-student-support-no2-regulations-2008/schedule-1/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.