OpenLegislation

Paragraph 5E Persons granted indefinite leave to enter or remain as a bereaved partner and their childrenF1F8F9

(F21)

A person granted indefinite F3leave to enter or remain as a bereaved partner, who is ordinarily resident in the United Kingdom on F4the course start date.

F5(2)

A person—

(a)

granted indefinite F6leave 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 course start date.

(F73)

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 sub-paragraph (i)(gg) of regulation 2(bbza) (interpretation: person granted indefinite leave to enter or remain as a bereaved partner), outside the immigration rules.

Annotations

Textual amendments

F1

Sch. para. 5E 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), 16(4)

F2

Sch. para. 5E renumbered as Sch. para. 5E(1) (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, 44(2)(e)

F3

Words in Sch. para. 5E(1) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(3)(b) (with reg. 2(2)(b)(4))

F4

Words in Sch. para. 5E substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 104(7)

F5

Sch. para. 5E(2)(3) inserted (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, 44(2)(f)

F6

Words in Sch. para. 5E(2) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(3)(c) (with reg. 2(2)(b)(4))

F7

Sch. para. 5E(3) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(3)(d) (with reg. 2(2)(b)(4))

F8

Words in Sch. para. 5E heading substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(3)(a) (with reg. 2(2)(b)(4))

F9

Words in Sch. para. 5E heading inserted (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, 44(2)(d)