# The Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019, Paragraph 2A: Category 2A - Protected persons and their family members

Extent: E+W

(1) A person—
(a) granted leave to enter or remain as a protected person,
(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave, and
(c) who is ordinarily resident in Wales on the first day of the first academic year of the course.
(2) A person who—
(a) is a protected spouse or civil partner,
(b) on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules),
(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and
(d) is ordinarily resident in Wales on the first day of the first academic year of the course.
(3) A person who—
(a) is a protected child,
(b) on the leave application date was—
(i) under 18 years old, and
(ii) was the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be),
(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and
(d) is ordinarily resident in Wales on the first day of the first academic year of the course.
(4) In this paragraph—
(a) “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that resulted in P becoming a person granted leave to enter or remain as a protected person;
(b) “person granted leave to enter or remain as a protected person” means—
(i) a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,
(ii) a person granted stateless leave,
(iii) a person with section 67 leave to remain, ...
(iv) a person with Calais leave , or
(v) a person with leave to enter or remain as a relevant Afghan citizen;
(c) “person granted stateless leave” means a person who has extant leave to remain as a stateless person under the immigration rules;
(d) “person with Calais leave” means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);
(da) “person with leave to enter or remain as a relevant Afghan citizen” means a person who has—
(i) indefinite leave to enter the United Kingdom granted under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules,
(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ib) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom granted under paragraph ARAP 6.2 of that Appendix of the immigration rules,
(ii) leave to enter or indefinite leave to enter or remain in the United Kingdom granted outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme, ...
(iii) indefinite leave to enter or remain in the United Kingdom granted outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme, ...
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
(v) indefinite leave to enter or remain in the United Kingdom granted outside the immigration rules on the basis of the Afghanistan Response Route;
(e) “person with section 67 leave to remain” means a person who has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules;
(f) “protected child” means—
(i) a child of—
(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,
(ab) a person granted stateless leave, ...
(ac) a person with section 67 leave to remain , or
(ad) a person with leave to enter or remain as a relevant Afghan citizen;
(ii) a child of the spouse or civil partner of—
(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, ...
(ab) a person granted stateless leave , or
(ac) a person with leave to enter or remain as a relevant Afghan citizen;
(g) “protected spouse or civil partner” means a spouse or civil partner of—
(i) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, ...
(ii) a person granted stateless leave , or
(iii) a person with leave to enter or remain as a relevant Afghan citizen.

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Source: https://www.legislation.gov.uk/wsi/2019/895/schedule/2/paragraph/2A (the official version)
Page: https://openlegislation.uk/education-student-support-postgraduate-masters-degrees-wales-regulations-2019/schedule-2/paragraph-2A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

