OpenLegislation

Paragraph 6 Protected persons and their family membersI1

England and Wales

(1)

A protected person who is ordinarily resident in—

(a)

the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave, and

(b)

the United Kingdom on the first day of the first academic year of the course.

(2)

A person who—

(a)

is a protected spouse or civil partner,

(b)

on the leave application date, was the spouse or civil partner of a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules),

(c)

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

(3)

A person who—

(a)

is a protected child,

(b)

on the leave application date was—

(i)

under 18 years old, and

(ii)

was the child of a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016f1 and the immigration rules, as the case may be),

(c)

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

(4)

In this paragraph—

  • “leave application date” (“dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”) means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a protected person;

  • “protected child” (“plentyn a ddiogelir”) means—

    1. (a)

      a child of a person who has—

      1. (i)

        leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,

      2. (ii)

        leave to remain as a stateless person under the immigration rules, or

      3. (iii)

        leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules;

    2. (b)

      a child of the spouse of a civil partner of a person who has—

      1. (i)

        leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, or

      2. (ii)

        leave to remain as a stateless person under the immigration rules;

  • “protected person” (“person a ddiogelir”) means a person who has—

    1. (a)

      leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,

    2. (b)

      leave to remain as a stateless person under the immigration rules,

    3. (c)

      leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules, or

    4. (d)

      leave to remain under paragraph 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

  • “protected spouse or civil partner” (“priod neu bartner sifil a ddiogelir”) means a spouse or civil partner of a person who has—

    1. (a)

      leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, or

    2. (b)

      leave to remain as a stateless person under the immigration rules.

Annotations

Commencement

I1

Sch. para. 6 in force at 1.4.2026, see reg. 1(2)

Footnotes

f1

2016 c. 19.