Paragraph 5A Persons granted leave under one of the Afghan Schemes and their family membersF1

(1)

A person granted leave under one of the Afghan Schemes, 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 leave under one of the Afghan Schemes;

(b)

on the leave application date, was the spouse or civil partner of that person;

(c)

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

(d)

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

(3)

A person who—

(a)

is—

(i)

the child of a person granted leave under one of the Afghan Schemes; or

(ii)

the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b)

on the leave application date, was—

(i)

the child of the person granted leave under one of the Afghan Schemes; or

(ii)

the child of a person who was the spouse or civil partner of a person granted leave under one of the Afghan Schemes on that date;

(c)

was under 18 on the leave application date;

(d)

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)

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

(4)

In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.

Annotations

Textual amendments

F1: Sch. 1 para. 5A substituted (1.8.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 82(a)