OpenLegislation

Paragraph 4E Persons granted indefinite leave to enter or remain as a bereaved partner and their childrenF1F7F8

(F21)

A person—

(a)

granted indefinite F3leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)

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

(ii)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

(iii)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(iv)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(c)

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(F42)

A person—

(a)

granted indefinite F5leave to enter or remain;

(b)

who—

(i)

is the child of a person granted indefinite leave to enter or remain as a bereaved partner; and

(ii)

on the leave application date, was the child of the person granted indefinite leave to enter or remain as a bereaved partner;

(c)

who was under 18 on the leave application date;

(d)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e)

who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(F63)

In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a)

under the immigration rules, or

(b)

in the case of a person referred to in paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.

Annotations

Textual amendments

F1

Sch. 1 para. 4E inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 14(4)

F2

Sch. 1 para. 4E renumbered as Sch. 1 para. 4E(1) (15.2.2024 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, 27(2)(e)

F3

Words in Sch. 1 para. 4E(1) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 16(3)(b) (with reg. 2(2)(b)(4))

F4

Sch. 1 para. 4E(2)(3) inserted (15.2.2024 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, 27(2)(f)

F5

Words in Sch. 1 para. 4E(2) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 16(3)(c) (with reg. 2(2)(b)(4))

F6

Sch. 1 para. 4E(3) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 16(3)(d) (with reg. 2(2)(b)(4))

F7

Words in Sch. 1 para. 4E heading substituted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 16(3)(a) (with reg. 2(2)(b)(4))

F8

Words in Sch. 1 para. 4E heading inserted (15.2.2024 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, 27(2)(d)