Paragraph 5 Persons with leave to enter or remain and their family membersI1

England and Wales

(1)

A person—

(a)

with leave to enter or remain; and

(b)

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 with leave to enter or remain;

F1(b)

was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i)

the application for asylum; or

(ii)

the application for discretionary leave, where no application for asylum was made; and

(c)

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

(3)

A person—

(a)

who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

F2(b)

who, on the date on which the person with leave to enter or remain made—

(i)

the application for asylum; or

(ii)

the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

F3(c)

who was under 18 on the date on which the person with leave to enter or remain made—

(i)

the application for asylum; or

(ii)

the application for discretionary leave, where no application for asylum was made; and

(d)

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

Annotations

F1: Sch. para. 5(2)(b) substituted (31.8.2011) by The Education (Student Fees, Awards and Support) (Wales) Regulations 2011 (S.I. 2011/1978), regs. 1(2), 22(a)
F2: Sch. para. 5(3)(b) substituted (31.8.2011) by The Education (Student Fees, Awards and Support) (Wales) Regulations 2011 (S.I. 2011/1978), regs. 1(2), 22(b)
F3: Sch. para. 5(3)(c) substituted (31.8.2011) by The Education (Student Fees, Awards and Support) (Wales) Regulations 2011 (S.I. 2011/1978), regs. 1(2), 22(c)