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Regulation 23C Persons who cease to have leave to enter or remain as a protected partnerF1F6

England and Wales

(1)

This regulation applies where—

(a)

a person (“P”) was an eligible student as a result of being a person granted F2leave to enter or remain as a protected partner—

(i)

for an earlier year of the present course,

(ii)

for a full-time course in relation to which the present course is a full-time end-on course, or

(iii)

for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 F3..., and

(b)

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—

(i)

P, or

(ii)

the person who, as a result of being a person granted F4leave to enter or remain as a protected partner, caused P to be an eligible student,

is allowed to stay in the United Kingdom has expired and no F5further leave to enter or remain as been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

(2)

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

Regs. 23B-23E inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 120

F2

Words in reg. 23C(1)(a) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 23(b)

F3

Words in reg. 23C(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

F4

Words in reg. 23C(1)(b)(ii) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 23(c)

F5

Words in reg. 23C(1)(b) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 23(d)

F6

Words in reg. 23C heading substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 23(a)