OpenLegislation

Regulation 7 Insertion of paragraphs 3A to 3F

Original text. Later amendments are not shown.

After paragraph 3 (refugees and their family members), insert—

“Persons granted section 67 leave

3A.

A person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

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

Persons granted Calais leave

3B.
(1)

A person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971;

(b)

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

(c)

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

Persons granted humanitarian protection and their family members

3C.
(1)

A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the first academic year of the 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”);

(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 United Kingdom on the first day of the first academic year of the 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 years of age on the asylum application date;

(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 Northern Ireland on the first day of the first academic year of the course.

Persons granted indefinite leave to remain as a bereaved partner

3D.

A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.

Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

3E.

A person granted indefinite leave to remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Persons granted stateless leave and their family members

3F.
(1)

A person granted stateless leave who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(2)

A person—

(a)

who—

(i)

is the spouse or civil partner of a person granted stateless leave; and

(ii)

on the leave application date, was the spouse or civil partner of the person granted stateless leave; and

(b)

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

(3)

A person—

(a)

who—

(i)

is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii)

on the leave application date, was the child of the person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of the person granted stateless leave;

(b)

who was under 18 years of age on the leave application date; and

(c)

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

(4)

In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).”.