Paragraph 5 Persons with leave to enter or remain and their family membersI1

United Kingdom Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 para. 1 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 2 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 3 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 4 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 5 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 6 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 7 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 8 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 9 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 10 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 11 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 12 coming into force by Education (Student Support) 2008 reg. 1(1)
Sch. 1 para. 8(1)(b)(c) substituted by Education (Student Support) 2008 Sch. 5 para. 9

(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 his 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 his 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 his 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.

Annotations

Commencement

I1: Sch. 1 para. 5 in force at 1.4.2008, see reg. 1(1)