Regulation 23 Other persons who cease to have leave to enter or remain
England and Wales
This regulation applies where—
a person (“P”) was a F1Category 3 eligible student or an eligible student on grounds of humanitarian protection under paragraph 339C of the immigration rules (see Schedule 2) in connection with an application for support—
for an earlier year of the present course,
for a full-time course in relation to which the present course is a full-time end-on course, or
for a course from which P's status as an eligible student has been transferred to the present course under regulation 28 F2..., and
as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which—
P, or
the person who, as a result of having leave to enter or remain, caused P to be a category 3 eligible student F3or an eligible student on grounds of humanitarian protection under paragraph 339C of the immigration rules,
is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).
Where this regulation applies, P's status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.
Annotations
Textual amendments
- F1
Words in reg. 23(1)(a) substituted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 42(a)
- F2
Words in reg. 23(1)(a)(iii) omitted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 29
- F3
Words in reg. 23(1)(b)(ii) inserted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 42(b)