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Paragraph 2ZB Category 2ZB - Persons granted leave to enter or remain as a protected partner and their childrenF1F17

(1)

A person—

(a)

granted F2leave to enter or remain as a protected partner,

(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 the child of a person granted F3leave to enter or remain as a protected partner,

(b)

on the leave application date was under 18 years old and was the child of a person granted F4leave to enter or remain as a protected partner,

(c)

is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted F5leave 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)

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 results in P becoming a person granted F6leave to enter or remain as a protected partner,

(b)

“person granted F7leave to enter or remain as a protected partner” means a person F8who has extant leave to enter or remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner F9, granted F10F11in any of the following cases —

F12Case 1

In the case of a person granted leave to remain before 31 January 2024, F13under any of the following provisions of the immigration rules—

(i)

paragraphs 289B and 289D (victims of domestic violence),

(ii)

paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse),

(iii)

paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces),

(iv)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners),

(v)

paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners),

(vi)

paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners), or

(vii)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners).

F14Case 2

In the case of a person granted leave to enter or remain on or after 31 January 2024, F15under either of the following provisions of the immigration rules—

  1. (i)

    paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

  2. (ii)

    paragraph BP 11.1 of Appendix Bereaved Partner.

F16Case 3

In the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules.

Case 4

In the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997.

Annotations

Textual amendments

F1

Sch. 2 para. 2ZB 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), 131

F2

Words in Sch. 2 para. 2ZB(1)(a) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(b)

F3

Words in Sch. 2 para. 2ZB(2)(a) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(c)

F4

Words in Sch. 2 para. 2ZB(2)(b) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(d)

F5

Words in Sch. 2 para. 2ZB(2)(c) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(e)

F6

Words in Sch. 2 para. 2ZB(3)(a) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(f)

F7

Words in Sch. 2 para. 2ZB(3)(b) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(g)(i)

F8

Words in Sch. 2 para. 2ZB(3)(b) substituted (17.7.2025) by The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025 (S.I. 2025/728), regs. 1(2), 9(a) (with reg. 2)

F9

Words in Sch. 2 para. 2ZB(3)(b) inserted (17.7.2025) by The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025 (S.I. 2025/728), regs. 1(2), 9(b) (with reg. 2)

F10

Words in Sch. 2 para. 2ZB(3)(b) substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(g)(ii)

F11

Words in Sch. 2 para. 2ZB(3)(b) substituted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 40(a)

F12

Words in Sch. 2 para. 2ZB(3)(b) inserted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(g)(iii)

F13

Word in Sch. 2 para. 2ZB(3)(b) inserted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 40(b)

F14

Words in Sch. 2 para. 2ZB(3)(b) inserted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(g)(iv)

F15

Word in Sch. 2 para. 2ZB(3)(b) inserted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 40(c)

F16

Words in Sch. 2 para. 2ZB(3)(b) inserted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 40(d)

F17

Words in Sch. 2 para. 2ZB heading substituted (9.8.2024) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/810), regs. 1(2), 26(a)