Regulation 6 Students who cease to be eligible students before the start of an HE short courseI1

England and Wales

(1)

A person’s status as an eligible student in connection with an HE short course terminates immediately before the first day of that course if any of paragraphs (2) to (9) apply in relation that person.

(2)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the refugee status of P, or of P’s spouse, civil partner, parent or step-parent, as the case may be, F1has expired and—

(i)

no further leave to remain has been granted,

(ii)

no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii)

the person (P or P’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen.

(3)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted F2and the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.

(4)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person granted section 67 leave, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the period for which P is allowed to stay in the United Kingdom and Islands has expired and no further leave to remain has been granted F3and P has not become a British or Irish citizen.

(5)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person granted Calais leave, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the period for which P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted F4and P has not become a British or Irish citizen.

(6)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of a person granted humanitarian protection, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom F5has expired and—

(i)

no further leave to remain has been granted,

(ii)

no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii)

the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.

(7)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, P no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules F6and P has not become a British or Irish citizen.

(8)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights” or meeting the conditions in paragraph 5(1)(a)(iii) in Part 2 of Schedule 1, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, P is not a person with protected rights F7and P has not become a British or Irish citizen.

(9)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person granted leave under one of the Afghan Schemes F8or the spouse, civil partner, child or step-child of a person granted leave under one of the Afghan Schemes, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the period F9the person granted leave under one of the Afghan schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.

F10(9A)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemes F11or the spouse, civil partner, child or step-child of a person granted leave under one of the Ukraine Schemes, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the period F12the person granted leave under one of the Ukraine schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.

F13(9B)

This paragraph applies in relation to a person (“P”) if—

(a)

the Secretary of State has determined that, by virtue of being a person granted leave under paragraph 25 of Schedule 1 (long residence), P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b)

as at the day before the current course begins, the period P is allowed to stay in the United Kingdom has expired and—

(i)

no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(ii)

P has not become a British or Irish citizen.

(10)

In this regulation “the relevant course”, in relation to P, means—

(a)

the current course, or

(b)

where P is determined to be a returning student in connection with P’s application for an HESC loan for the current course, the course which is the reference course for the purposes of regulation 3(5).

Annotations

Textual amendments

F1: Reg. 6(2)(b)(i)-(iii) and words substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(a)
F2: Words in reg. 6(3)(b) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(b)
F3: Words in reg. 6(4)(b) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(c)
F4: Words in reg. 6(5)(b) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(c)
F5: Reg. 6(6)(b)(i)-(iii) and words substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(d)
F6: Words in reg. 6(7)(b) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(e)
F7: Words in reg. 6(8)(b) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(f)
F8: Words in reg. 6(9)(a) inserted (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. 130(a) (with reg. 141(2)(3))
F9: Words in reg. 6(9)(b) substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(g)
F10: Reg. 6(9A) inserted (with application in accordance with reg. 1(4)(h) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 25(3)
F11: Words in reg. 6(9A)(a) inserted (with application in accordance with reg. 2(4)(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 130(b)
F12: Words in reg. 6(9A)(b) substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(h)
F13: Reg. 6(9B) inserted (with application in accordance with reg. 2(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(2)(i)

Commencement

I1: Reg. 6 in force at 13.4.2022, see reg. 1(2)