Paragraph 5 Persons granted humanitarian protection and their family membersI1

England and Wales

F1(1)

A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2)

A person who—

(a)

is the spouse or civil partner of a person granted humanitarian protection;

(b)

was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

F2(c)

who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)

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

(3)

A person who—

(a)

is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b)

on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c)

was under 18 on the asylum application date;

F3(d)

who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)

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

Annotations

Textual amendments

F1: Sch. 1 para. 5(1) substituted (with application in accordance with reg. 1(3)(a)(5) 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), 21(5)(a)
F2: Sch. 1 para. 5(2)(c)(d) substituted (with application in accordance with reg. 1(3)(a)(5) 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), 21(5)(b)
F3: Sch. 1 para. 5(3)(d)(e) substituted (with application in accordance with reg. 1(3)(a)(5) 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), 21(5)(c)

Commencement

I1: Sch. 1 para. 5 in force at 1.9.2012, see reg. 1(1)