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Regulation 2A Meaning of “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event” etc. and related mattersF1

(1)

This regulation defines “in-year qualifying event”, “protected category event” “settled status event”, “course designation event”, “part-time course designation event” and “postgraduate course designation event” and makes related provision for the purposes of these Regulations.

(2)

“In-year qualifying event”, in relation to a student, means—

(a)

a protected category event which occurs after the course start date;

(b)

a settled status event;

(F2ba)

the student becomes a person described in paragraph 2 of Schedule 1;

(c)

the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

(d)

where regulation 4(2A), 137(2A) or 159(3A) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;

(e)

the student becomes a person described in paragraph 6A(1)(a) of Schedule 1, or where regulation 4(2A), 137(2A) or 159(3A) applies, in paragraph 6(1)(a) of Schedule 1;

(f)

the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A), 137(2A) or 159(3A) applies, in paragraph 11(1)(a) of Schedule 1; or

(g)

the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.

(3)

“Protected category event”, in relation to a student, means—

(a)

the student or the student’s spouse, civil partner or parent is recognised as a refugee;

(b)

the student or the student’s spouse, civil partner or parent becomes a person granted stateless leave;

(c)

the student or the student’s spouse, civil partner or parent becomes a person granted humanitarian protection;

(d)

the student becomes a person granted section 67 leave;

(e)

the student F3or the student’s parent becomes a person granted indefinite F4leave to enter or remain as a victim of domestic violence or domestic abuse;

(f)

the student becomes a person granted Calais leave;

(g)

the student F5or the student’s parent becomes a person granted indefinite F6leave to enter or remain as a bereaved partner;

(h)

the student F7or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or

(i)

the student F8or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes.

(4)

“Settled status event”, in relation to a student F9means—

(a)

the student becomes a person described in paragraph 2A or 9BB of Schedule 1; or

(b)

the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1.

(5)

“Course designation event”, in relation to a course, means—

(a)

the course is designated under regulation 5(10);

(b)

F10where the course begins before 1st September 2028, the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider;

(c)

the course becomes a Northern Irish designated full-time course, a Scottish designated full-time course or a Welsh designated full-time course F11; F12...

(d)

the course becomes a recognised initial further education teacher training course F13;

(e)

where the course begins on or after 1st September 2028—

(i)

the English higher education provider, on whose behalf the course is being provided, becomes a registered provider, and

(ii)

the course is provided by a qualifying franchised provider (or multiple qualifying franchised providers)

(6)

“Part-time course designation event”, in relation to a course, means—

(a)

the course is designated under regulation 139(7);

(b)

F14where the course begins before 1st September 2028, the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider;

(c)

the course becomes a Northern Irish designated part-time course, a Scottish designated part-time course or a Welsh designated part-time course F15; F16...

(d)

the course becomes a recognised initial further education teacher training course F17; or

(e)

where the course begins on or after 1st September 2028—

(i)

the English higher education provider, on whose behalf the course is being provided, becomes a registered provider, and

(ii)

the course is provided by a qualifying franchised provider (or multiple qualifying franchised providers)

(7)

“Postgraduate course designation event”, in relation to a course, means—

(a)

the course is designated under F18regulation 161(4);

(b)

F19where the course begins before 1st September 2028, the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider; F20...

(c)

the course becomes a Northern Irish designated F21postgraduate course, a Scottish designated postgraduate course or a Welsh designated postgraduate course F22; or

(d)

where the course begins on or after 1st September 2028—

(i)

the English higher education provider, on whose behalf the course is being provided, becomes a registered provider, and

(ii)

the course is provided by a qualifying franchised provider (or multiple qualifying franchised providers).

(8)

Where a protected category event occurs in relation to a student after the course start date, paragraph (9) applies for the purposes of determining whether that event results in the student becoming an eligible student, eligible part-time student or eligible postgraduate student.

(9)

The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 1 to be ordinarily resident in England on the course start date, as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.

Annotations

Textual amendments

F1

Reg. 2A inserted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 13

F2

Reg. 2A(2)(ba) inserted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 8(1)(a)

F3

Words in reg. 2A(3)(e) inserted (with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 7(1)

F4

Words in reg. 2A(3)(e) substituted (with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 4(2)

F5

Words in reg. 2A(3)(g) inserted (with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 7(1)

F6

Words in reg. 2A(3)(g) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 5(2) (with reg. 2(2)(b)(4))

F7

Words in reg. 2A(3)(h) inserted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 33(3)(a) (with reg. 139(2)(3))

F8

Words in reg. 2A(3)(i) inserted (with application in accordance with reg. 2(4)(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 33(3)(b) (with reg. 139(2)(3))

F9

Words in reg. 2A(4) substituted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 8(1)(b)

F10

Words in reg. 2A(5)(b) inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(a)(i)

F11

Reg. 2A(5)(d) and word inserted (with application in accordance with reg. 2(8)(a)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 43(a)

F12

Word in reg. 2A(5)(c) omitted (19.5.2026) by virtue of The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(a)(ii)

F13

Reg. 2A(5)(e) and word inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(a)(iii)

F14

Words in reg. 2A(6)(b) inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(a)(i)

F15

Reg. 2A(6)(d) and word inserted (with application in accordance with reg. 2(8)(a)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 43(b)

F16

Word in reg. 2A(6)(c) omitted (19.5.2026) by virtue of The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(a)(ii)

F17

Reg. 2A(6)(e) and word inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(a)(iii)

F18

Words in reg. 2A(7)(a) substituted (1.6.2023) by The Education (Student Finance) (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/521), regs. 1(1), 5(3)(a) (with reg. 4(3)(a))

F19

Words in reg. 2A(7)(b) inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(b)(i)

F20

Word in reg. 2A(7)(b) omitted (19.5.2026) by virtue of The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(b)(ii)

F21

Word in reg. 2A(7)(c) substituted (1.6.2023) by The Education (Student Finance) (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/521), regs. 1(1), 5(3)(b) (with reg. 4(3)(a))

F22

Reg. 2A(7)(d) and word inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 4(b)(iii)